Remote video depositions—whose prevalence surged during the COVID-19 lockdowns—are here to stay. In this follow-up article to a sister piece on the same topic, we explore additional practical and strategic tips for taking remote video depositions effectively.
1. Technical Issues
In the sister piece to this article, the authors discussed several technical issues, such as making sure the deponent has a computer or tablet with a video camera, an adequate internet connection, and the technical requirements to run necessary software, and this entails doing a test run in advance to make sure your hardware, software, and internet are working properly and asking that the deponent do the same; familiarizing yourself with the videoconferencing software (Zoom, Microsoft Teams, etc.) and its features; and closing all programs you will not be using during the deposition. Here, we explore a few more practical tips to address any technical issues and, we hope, ensure that no technical difficulties disrupt your deposition.
Make sure that both you and the deponent have a computer or tablet and a cell phone available. If the computer’s microphone or speaker is not working well, or the internet connection lacks sufficient bandwidth to handle audio and video simultaneously, anyone experiencing these technical difficulties can mute their computer’s microphone and speaker, call into the deposition on their cell phone, and thereby use their computer for video and their cell phone for audio.
Relatedly, while cell phones can be used for audio, cell phones should never be used for video. This is especially true for the deponent. If the deponent attempts to use a cell phone for video, the deponent will likely try to prop up the cell phone against something. If the cell phone is not securely propped up, it may start to shift or slide, which will cause the deponent’s face to fall out of the frame of the camera. We recommend that all deposition participants, especially the deponent, use a larger screen, such as a computer or tablet screen, for video and reserve their cell phones for audio use only.
Last, be sure that all deposition participants have power sources available to charge their computers and cell phones.
2. All Remote or None Remote
If you are appearing remotely for the deposition, make sure that all other participating attorneys are appearing remotely as well. It is fine if the deponent appears in person in a court reporter’s office or a hotel conference room with only the court reporter and videographer present. But, if another attorney is physically present with the witness, you should be there too. This will prevent any attorney who is physically present with the witness from intentionally or inadvertently coaching the witness outside your line of sight. For the same reason, make sure that all attorneys appearing remotely are visible on video.