October 13, 2020

Taking Effective Remote Depositions

With litigation practices entering the world of remote technologies due to the coronavirus pandemic, counsel should understand the tools and techniques available remotely to conduct effective depositions.

The Platforms

Most court reporting companies offer effective remote capabilities, often through Zoom or Webex. It is equally important to select a vendor that can provide related software through which exhibits may be uploaded, managed, and shared. One such program is Exhibit Share, through which exhibits are preloaded and then, during the deposition, marked and shared with the other participants. But only when the examining attorney decides to share them.

Each participant in the deposition receives access to Exhibit Share. The extent of that access, however, is granted and restricted based upon each person’s role at the deposition.

Each side has its own “Private” folder. This is where the intended exhibits are pre-marked, uploaded, and stored. Because the folder remains private, the witness and opposing counsel cannot see in advance what materials only later will be used.

When counsel is ready for the exhibit, it is introduced by selecting it from the “Private” folder, typing an exhibit number, and publishing it as a “Marked Exhibit.” At that moment, the document appears in the “Marked Exhibits” folder, which is accessible to everyone who has been credentialed and has logged in to Exhibit Share. Everyone — including the witness and opposing counsel — can then view the exhibit and even download it. They may review the document at their own pace and focus on whatever parts they wish. See Full Article

As we continue to see litigation continue throughout the pandemic with the use of remote litigation technology, we also continue to learn best practices through collaboration within the legal community.

In this article, written by Aron U. Raskas, a shareholder in the business litigation practice at Gunster in Miami, common questions and concerns by attorneys that we hear daily in the court reporting business are discussed.

It is important to note the importance of having all parties identify themselves in a virtual deposition environment where all parties are appearing individually from their respective locations, which is something the author has comprehensively addressed in this article.

For additional information and training, please visit our Remote Litigation Academy or contact us to set up a complimentary one-on-one training session before your next webconference deposition taken over Zoom or another videoconferencing platform.