Can you do a video conference at a deposition


So long as attorneys and witnesses have internet access and a device (smart phone, tablet, laptop or PC) with a camera, a deposition can proceed in a virtual video teleconference room while each of us is in a different location. This same technology is being utilized for arbitrations, mediations and other meetings and proceedings.

So long as attorneys and witnesses have internet access and a device (smart phone, tablet, laptop or PC)[1] with a camera, a deposition can proceed in a virtual video teleconference room while each of us is in a different location.Apr 13, 2020


Can a deposition be taken on Zoom?

You get a notice of deposition via email. The notice provides that the deposition will be taken remotely through a Zoom videoconference.

What does a videographer do at a deposition?

A legal videographer (also called a certified legal video specialist) records courtroom cases, depositions, signing of legal documentation, and films evidence at crime scenes.

How should I sit during a deposition?

0:492:28You don’t want to overthink. Or under think what that attorney is asking you and maybe give anMoreYou don’t want to overthink. Or under think what that attorney is asking you and maybe give an answer before he’s finished asking his question.

Can you take notes into a deposition?

Don’t prepare notes, documents or diaries: You cannot use any notes, diaries or any other documents to assist you during your deposition unless the document has been approved by your attorney prior to the deposition.

What is a video disposition?

A video deposition is a deposition recorded on video. A legal videographer is present and records the deponent. Video depositions have many benefits. Video adds a new dynamic to discovery. Video presents a compelling case in court.

How do you prepare for a video deposition?

Video Deposition Preparation Tips for Your WitnessSpeak clearly.Ask questions to clarify what they are being asked before answering.Give concise, specific, and truthful answers.Dress appropriately.Stay alert for double negatives from an opposing counsel trying to confuse you.

Is a deposition scary?

The truth of the matter is that depositions are not nearly as scary as you might think. While depositions can be awkward and there might be some difficult questions for you to answer, if you have a good lawyer preparing you for the deposition, you will be fine.

What is the best color to wear for a deposition?

Colors: It is best to wear solid pastel colors. Light blue works well. Avoid black and white, which can distort lighting and how your face appears in the video. You should avoid wearing plaids or other busy patterns.

How do you stay calm in a deposition?

Staying Calm, Collected, and on CourseTell the Truth – It helps to think of a deposition as nothing more than a discussion. … Think First, Speak Second – Always consider the question and think over your answer before you speak. … Keep It Short and Sweet – Your answers should be short, sweet, and to the point.

What Cannot be asked in a deposition?

You have a right to refuse any questions about a person’s health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer. Privileged information.

How do you answer tricky deposition questions?

How to Answer Questions in a Deposition: 5 Ways to AnswerAlways Tell the Truth. … Listen to the Question in Detail. … Dissect Any Compound Questions. … Stand Up for Yourself During Questioning. … Take Your Time Answering Deposition Questions. … Admit to Mistakes or Inconsistencies in Your Answers.

How to prepare for a video conference?

Final Preparations for the Day Of 1 Be sure you and your witness turn off all unnecessary software and notifications – email, news feeds, alarms, etc. This also applies to the usual external items – like cell phones and tablets. 2 If something must remain on, use the “Do Not Disturb” setting – including in the video conference program itself. There is nothing more embarrassing than repeated calls from a friend, or a colleague’s message popping up on the big screen asking, “Did your expert witness tank???” See the George Zimmerman trial for an extreme example. 3 Tech check. You checked it earlier. Check it again. In addition to the internet speed, sound quality is one of the most important components of a successful video conference deposition. Be sure it’s looking and sounding how you expected.

Why is eye contact important in video conferencing?

Eye contact is critical to jurors’ perceptions of a witness’s credibility; unfortunately, with video conferencing, the natural tendency is to look at the person with whom one is speaking. To an observer, they appear to be looking awkwardly downward.

How to remind a witness to always look at their camera?

Consider having the witness use a sticky note to remind them to always look at their camera. As needed, they should also put a box or book under the computer to raise the camera up to eye level. If the angle isn’t straight on, it will often appear to jurors like the witness is looking down at them.

Is it better to depose a witness in person or in person?

This is why deposing a witness in person is still preferable whenever possible ; the ability to address each other directly, make eye contact, and hand off physical documents is tough to beat.

Do witness have a webcam?

While laptops and tablets tend to have decent webcams built in these days, it’s possible your witness doesn’t have a suitable webcam (or a webcam at all). Here are some affordable options. Lighting is also critical. It’s very common for someone to have their desk set up with a window behind them.

Step 1: Set up video conferencing

Web-based video conferencing solutions like LiveLitigation can be set up in minutes and can be securely embedded on your law firm’s website. We can help your team train to use these tools, but they are designed to be very user-friendly, for ease of setup by even novice users on any kind of device.

Step 2: Schedule the deposition

The best web-based video conferencing applications work on any device by emailing a link to the conferencing and recording tool. These invitations should be completely secure and encrypted, requiring a unique key to connect each attendee to the service. Work with the witness to secure a date and time for the deposition.

Step 3: Secure the location of the deposition

You may choose to work with a partner local to the witness who can record the deposition with professional video cameras, while you conduct the Q&A online. The partner can set up equipment and ensure the reliability of the network connection. They can use a local office meeting room or even a hotel suite to ensure a seamless process.

Step 4: Exhibits

There is always advanced planning required when the deposition requires exhibits. An easy solution is to use secure emailing to send documents that can be printed, or to send the documents for review by tracked mail. However, electronic exhibits are increasingly being used.

Step 5: Review video conference conduct rules for a more professional video deposition

To keep the video deposition running smoothly, it’s a good idea to provide the court reporter with names and titles of participants, just like any other professional interview. Ensure one person speaks at a time and mute your microphone if a sidebar conversation occurs.

Important Considerations for Your Video Conferencing Service

Conducting a video conference deposition requires selecting the best online service tool to ensure quality and reliability. Look for these features and benefits from your video conference partner:

What is the purpose of display exhibits?

Displaying exhibits electronically allows you to confront a deponent with a document at the time of your choosing. One potential pitfall with this method, however, is that if your technology fails, your deponent will not have any paper documents to fall back on.

Do litigators have to be in person?

Litigators, whose practices frequently require in-person contact at depositions, mediations, and court proceedings, have scrambled to find a way to keep their cases on track. As the public health crisis progresses, litigators will have to adapt to an increasing number of social distancing mandates. Traditional in-person depositions may simply not …

Can you videotape a deposition?

DECIDE IF YOU WANT TO VIDEOTAPE THE DEPOSITION. Taking a deposition by videoconferenc e is not the same thing as recording a deposition by video. If you want the deponent to be recorded so that his or her testimony is memorialized on video, make sure comply with local rules for noticing the deposition.

Can a court reporter be physically present?

If the court reporter cannot be physically present with the deponent, then he or she may need to participate by videoconference, as well. Some larger court reporting agencies have already begun to roll out plans for reporting remotely, although these logistics may change as the public health crisis continues.

Why do attorneys use video conferences?

More and more attorneys are using videoconferencing to be much more efficient in their litigation process. In complex cases that include several witnesses, it is not unusual to come across individuals who are unable to travel to your office for depositions. Traditionally, you would need to travel to them, bringing your court reporter …

What to do if the deponent is your witness?

If the deponent is your witness, it might be a good idea to remind them to make sure they look professional. Background . Many attorneys mistakenly believe that the wall behind them makes no difference when attending a videoconference; however, your background can be highly distracting.

Should I sit down before a videoconference?

If you can, sit down in front of your computer a few minutes before the meeting begins to review your notes and focus on the topics in front of you. Body Language. While videoconferences are convenient, they shouldn’t be mistaken for casual gatherings.

Is it a good idea to record a deposition?

In most cases, it is a good idea to have the deposition recorded so it can be referenced in the future. As you know, a video deposition can make or break the case. We’ve put together a list of tips that will help you make the most of your next videoconference.

Can you depose witnesses in a videoconference?

With videoconferencing, you can depose witnesses who are out of state or unable to travel without the hassle and expense of a standard deposition. You can also connect with attorneys who are …

Is Zoom free for videoconference?

The Zoom app is free and fully compatible with most videoconference options. Along with these tips, we suggest that you have a conversation with your court reporting firm when scheduling about what’s involved with the videoconference. They may have some additional suggestions to help it go smoothly.

What is the importance of a question and answer session?

The reality is that your pretrial question and answer session is just as important as if you are testifying at trial.#N#The answers that you give will lock you into what you can say at trial a year later.#N#If at trial you contradict what you said during your pretrial deposition, the defense lawyers will use that to show the jury that you cannot be trusted.

Can you record a video conference?

Most video conferencing platforms have the ability to record the video conference. For example, if you use ZOOM to conduct your deposition, other than the privacy issues that have become public knowledge recently, there’s another problem. Each participant can record the video conference. At the end, they simply press the button “End recording,” and it will ask you whether you want to download the recording.

10. Have Your Exhibits Ready

Ahead of your video conference deposition, ensure your exhibits are prepared and cataloged. Go the extra mile and let the court reporting firm know about your exhibits so you don’t have to spend so much time covering them in the deposition.

9. Choose Your Location

Know the location of the individuals involved in the video conference deposition so you can find appropriate technology solutions in those cities or rural communities. Based on the locations, the reporting firm can have a trial run to test the equipment, wifi and technology to ensure a painless recording.

8. Individuals Overseas

Mention to the court reporting firm the overseas location or country of the individual testifying. The law could be different and could have an effect on the outcome of the deposition.

7. Be Mindful Of Time Zones

When witnesses are joining in from different time zones, do your due diligence and make sure everyone is aware of the time for the video conference deposition recording. Alternatively, look for a video conferencing platform that comes with a Time Zone Scheduler. Otherwise, failure to meet on time could affect key witnesses’ stories.

6. Look Polished

Appearances are important both in the court of law and during a meeting – especially during a video conference deposition. Everyone involved – the deponent, witness, attorney – anyone who is making an appearance should look clean, presentable and professional. This is not a phone call after all.

5. Be Selective About Backgrounds

Setting up your video conferencing deposition should be done in a space that has ample light and a distraction-free background. Anything that’s moving in the background, or is too visually loud (posters, photographs) can hinder the more important message of the deposition, and take away from the recording. No windows, passing cars, or pets.

4. Show Up 15-Minutes Early

A good rule of thumb when it comes to any engagement using video conferencing, is to show up early. This way, if there are any technology adjustments that need to be made you can adjust accordingly before the meeting gets started. Otherwise, showing up late when the deposition is in full swing is disruptful and will just set everyone back.

Why are video depositions important?

Scheduling difficulties and travel costs can result in the exclusion of some witness testimony. Video depositions remove the travel barrier and can often help ease a scheduling roadblock. Quality DVD copies of Deposition proceedings provide a record of the events.

What is TKO videoconferencing?

TKO VideoConferencing, a division of TKO Video Communications, is an industry leader providing high-quality, global video communication solutions for business and government. Services include video conference Business Meetings, Depositions, Interviews, and Special Events, event management, streaming, and broadcasting via satellite. Founded in 1995, TKO is based in Silicon Valley, with offices in San Diego, New York City and Washington, DC.


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