Remote depositions have been around for years, and more and more attorneys have become familiar with them at least since early 2020. As most attorneys expect more than half of their 2022 depositions will be virtual, it is clear litigation will continue to rely on remote depositions in the foreseeable future. Even those very familiar with the technology may not actually know that there are special services that can make a remote deposition feel more similar to an in-person proceeding. These services and features from your court reporting agency are top features to consider for your next remote deposition.
Breakout rooms keep remote depositions moving. These virtual waiting rooms are perfect for private off-the-record discussions. When all participants are in the same room, it is easy enough to ask the witness and/or another party to briefly leave the room so you can speak freely to a legal point with opposing counsel. When participants gather for a virtual deposition, instead of asking someone to wait outside for a moment, you can instruct the host to move that party or parties to a breakout room and bring them back at the appropriate time. This is an efficient solution to save time and protect confidential information.
Realtime is an amazing feature for a deposition, period, be it in-person or remote. When the deposition is remote, however, accessing the realtime stream is immensely beneficial, particularly for any attendee who finds remote depositions more challenging to follow. Realtime streaming allows remote attendees to see the transcript of the proceeding as it’s occurring. This live feed enables you to instantly mark and annotate testimony for follow-up or clarification. You can help the realtime reporter provide you with a flawless feed by sending all the prep materials you have prior to the proceeding.
The power of video makes it an excellent service to add to your remote deposition. Why is video so powerful?
- Captures facial expressions
- Captures tone
- Captures gestures
These non-verbal signs cannot be conveyed by the court reporter in the official transcript. Immortalized on video, they can be used to effectively call into question a witness’ credibility or to bolster that credibility, giving you a compelling tool to use in court either way. Video also often has the effect of eliciting more direct answers from witnesses. Video can also be used in lieu of live testimony should a witness be unable to appear at trial. It is important to remember that only the recording taken by a legal videographer may be used in court, so if you want this feature, you will need to schedule a videographer for your remote deposition.
Paperless exhibit sharing streamlines exhibit management. Save your staff the tedious task of boxing up exhibits, save your client the expense of shipping exhibits, and keep all the exhibits together in an orderly fashion. Your court reporting agency should provide a comprehensive tool for exhibit management, with which you can do everything you need to do with exhibits throughout the entirety of your case. You should be able to organize exhibit file structure and maintain a central repository for exhibits throughout your case’s duration. You need to be able to upload and download documents and send files through secure links. The whole platform needs to be secure, with 256-bit encryption, file link expiration, and access management.
The white glove remote technician can really elevate your remote deposition experience. Avoid lengthy lags that break up the flow of questioning and make it harder for the court reporter to capture the record. Leave the display and marking of exhibits in the technician’s capable hands so you can focus on your line of questioning. Set up a demonstration and test prior to the deposition so the technician can go over all features with you and test all your equipment, guaranteeing you are ready to go on the day of your remote proceeding. In addition, the remote technician, as host, will manage breakout rooms, monitor the connection, and keep the technology working for everyone so your virtual deposition can proceed smoothly with no interruption.
No matter how familiar you are with remote depositions, with technology changing at the speed of light, a refresher demonstration will keep you on top of the newest features so you stay on top of your remote deposition game! Being comfortable with the technology and process might just have the biggest impact on your virtual proceeding, because you know how everything works. You can be confident in all the other professionals doing their jobs, and the platform running smoothly, so you can focus all your attention on your deposition.
