DepoSpan Best Practices For Presenting Exhibits in Remote Depositions
Depositions are important. They can make or break a case. They can focus a case by identifying the events and people at the center of a controversy. If correctly done, depositions can uncover information that might otherwise be unknown. They can drastically affect the strength of the other party’s case. They accomplish this by:
- Evaluating Witnesses
- Collecting Information
- Obtaining Admissions
- Locking-in Trial Testimony
- Establishing Themes and Theories
- Authenticating Documents and Exhibits
Depositions are an opportunity to understand the case better, not just to get favorable testimony. Knowing what can hurt your case can be as consequential as knowing what profits it.
What is a Remote Deposition?
Before diving into what a remote deposition is, it may be helpful to understand the three types of depositions. These are:
- Depositions upon written interrogatories or questions
- Depositions upon oral examination
- Depositions from video-recorded statements
Interrogatories are questions submitted to a party to be answered within a proscribed time. Court rules define all aspects of interrogatories, as in Rule 31 of the Federal Rules of Civil Procedure and 17 CFR § 12.32 of the Code of Federal Regulations.
Think of depositions as in-person interrogations. At the deposition, there is an oral examination — asking questions — of the deponent or witness.
Written interrogatories are usually issued and completed before a deposition upon oral examination — remotely or not — and can be used to narrow — or broaden — a line of questioning in the second type of deposition.
COVID has made us aware of the word and meaning of “remote,” from remote meetings to remote learning to remote get-togethers. We also all realize that technology and software make distance gatherings possible. Little more than a computer, internet access, and a platform like Zoom are needed to conduct a remote event successfully. It’s the same in a legal setting. Some security precautions may need addressing. But these easily fall within the qualifications of the expert DepoSpan technician from the network of court reporter services.
When planning a deposition, especially a remote deposition, you want to use best practices. You want to know that the guidelines, ethics, or ideas representing the most efficient or cautious course of action will be employed.
The Function of Documents in a Deposition
Let’s look at “Authenticating Documents and Exhibits” as one of the functions of a deposition. But mainly, let’s look at the use of documents and exhibits in remote depositions.
Documents will usually be part of every deposition a lawyer takes in their career. This is so because using documents in a deposition serves many valuable functions, such as:
- Revealing topics to explore in greater detail
- Refreshing witness recollections
- Authenticating documents for trial or other depositions
- Impeaching the witness
- And more
When the deponent is in the office with the examining attorney, court reporters can mark documents as exhibits before handing them to witnesses. The attorney who requested the deposition will also provide copies of the documents to the opposing counsel. Court reporters receive a copy of documents to include as part of the official record.
When the deposition is in another city, state, or country, it can be too inconvenient or burdensome for the examining attorney to travel. Using court reporting firms from the DepoSpan network ensures every detail meets the attorney’s satisfaction.
How to Plan for a Remote Deposition
The best way to plan for a remote deposition is to use one of the networks of court reporter services available through DepoSpan. What may be taken for granted at in-person depositions must be well-planned beforehand for remote depositions. For example, an attorney scheduling a remote deposition will want assurances for handling the following court reporting tasks:
- If physical documents are used, they reach the deposition site in time with the assurance that all are correct.
- If physical documents are not used, marking and sharing them online is available and implemented.
- The witness is given only the specified documents under consideration and efficiently directed to specific pages or passages in documents.
- The complete set of documents, regardless of how many, are organized physically or electronically to produce a seamless deposition experience.
In remote depositions, all parties may be in different locations. The attorney requesting the testimony must feel confident that all necessary mechanisms for collaborating via a platform like Zoom are planned, in place, and executed. The best way for attorneys to know the remote deposition will go smoothly is to secure court reporting professionals knowledgeable in conducting remote depositions.
Technology That Makes Remote Deposition Work
Videoconferencing makes remote depositions possible, controls costs, and makes the best of the attorney’s valuable time. Choosing DepoSpan means you have at your fingertips a network of legal videographers and certified court reporters to ensure the technical success of your remote deposition.
Call or Click Today
Know that you have the best court reporting team to ensure your remote deposition is handled expertly. Visit DepoSpan online at https://depospan.com/ or call toll-free at (844) 400-DEPO.