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With the COVID pandemic, remote video depositions and trial testimony very quickly went from rare to routine. Remote testimony, for the most part, is viewed as a convenience to both witnesses and attorneys, and parties and...more
Though typically conducted in a conference room, a deposition can take place in many locations and through a variety of methods. So long as you capture a verbatim record, either face-to-face or remotely through the use of...more
Depositions were once an almost exclusively in-person process. In the not-so-distant past, remote depositions were used infrequently, but they became a necessity during lockdowns in 2020. Today, both remote and hybrid...more
The number of remote legal proceedings hit a peak a few years back, but the end of the COVID-19 public health emergency doesn’t mean a reversal to pre-pandemic logistics. While they can have some drawbacks, virtual...more
If a court trial or successful settlement is the Superbowl, then depositions are the key games in the season that get you there. Each deposition is an official, sworn record of witness testimony that can yield critical...more
If you have ever been involved in a lawsuit or have known someone who has been involved in a lawsuit, you may have heard the term “deposition.” During a lawsuit, a deposition is one way to learn information from the opposing...more
Tips for Tackling Virtual Depositions - Up to 90% of depositions taken throughout the height of the pandemic were virtual, and that short-term need has generated a long-term change. In fact, in a recent survey, only 4% of...more
The job of defending a witness during a deposition, particularly a remote deposition, can be challenging. Civil litigants have a right to consult with their attorney, though not at any time of their choosing and not in a...more
In this post, we’re going to share three excellent deposition tips taken from a recent online presentation, How to Prepare for Your First (or 100th) Deposition, delivered by a pair of Miami-based litigators. Among many other...more
While we may have passed through the worst of the global pandemic, it has unquestionably left a deep and lasting impact on our personal and professional lives. Restrictions that left everyone housebound for months on end...more
Remote depositions were once thought to be a short-term solution to one of the many challenges of practicing law in a global pandemic. But considering the efficiencies in time and cost when taking a remote deposition, and...more
This deposition preparation checklist is an essential tool for attorneys to tackle depositions with minimal roadblocks and guide their witnesses to successful testimony. ...more
The new normal is here, and it’s time to embrace the reality of remote, virtual, and hybrid depositions in the world of litigation. “Remote” depositions are nothing new and have actually been around for several years...more
It’s one thing to say that video is more impactful than the spoken word or words printed on a sheet of paper. But it’s quite another to personally experience the power of video, as we all have during the past two years of...more
As courts continue their uncertain transition from a Covid to a post-Covid stance, the word from many is that the Zoom hearing is the pandemic adaptation that is most likely to become a normal feature of litigation going...more
With Zoom now as common as email, we can find ourselves inhabiting the four corners of a glowing screen more often than we’re inhabiting an actual office or meeting room. Status calls, strategy meetings, witness preparation...more
Courts over the past year and a half have moved with unprecedented speed into unorthodox territory, exploring ways to conduct trials, or portions of trials, via remote videoconferencing technology. In that setting, perhaps it...more
When you’re dealing with testimony, argument, or any other form of communication, it is easy to assume that you’re getting less when it is distanced. In a remote conference or any Zoom-like experience, it seems that the...more
The persisting pandemic has brought with it more adventures in technology. Courts have seen an increased use of remote testimony and oral argument, and even fully remote trials. When it is done well, it can be surprisingly...more
Even as things are fitfully returning to a post-pandemic normal (perhaps against the current COVID Omicron variant-driven medical advice) one feature of the last 21 months seems to be lingering: the Zoom conference. In legal...more
Legal professionals and commentators have rightly extolled the benefits of the massive shift in the legal work environment. Almost overnight, the practice of law went virtual. As we head into 2022, the legal profession and...more
So it is time for your critical meeting with the Client. Are they coming to your office, or are you going to theirs? Or, maybe it is the new option: Let’s just meet on the cloud. An article this past week in the ABA Journal...more
With the emergence of new COVID-19 variants and vaccine hesitancy among some in the United States, a “return to normal” for in-person jury trials remains elusive. Courts that postponed jury trials until they could be held...more
For a while, we seemed headed toward resuming in-person jury trials here in Travis County. A few live trials took place under the civil district judges’ pilot program, including a two-week proceeding before Judge Amy Clark...more
Arizona may not be the model when it comes to partisan post-election audits. But when it comes to online or virtual trials, the “Cyber Ninjas” in that context seem to be doing much better. In the Grand Canyon state’s most...more