5 Best Practices for Conducting A Remote Deposition

5 Best Practices for Conducting A Remote Deposition

To ensure that everything goes smoothly and securely, attorneys need to follow some best practices while conducting a remote deposition.

www.mosmedicalrecordreview.com

918-221-7791

The current pandemic has changed the way many organizations work. It has forced most organizations, including companies like ours providing medical record review services, to work remotely, and law firms are no exception. As almost everything has gone virtual these days, attorneys have to find new ways to conduct legal counseling, discovery, and drawing up legal documents related to various cases. Remote video depositions are one of several useful methods for doing so, as it enables attorneys to communicate with their clients irrespective of their location. However, when deciding to use remote deposition, attorneys need to follow some best practices to ensure that everything goes smoothly and securely.

Check out these 5 major considerations: •

Things you should do before a deposition: o

Start preparing for the deposition at least a week ahead.

o

A formal notice of deposition must be sent to all parties involved, including the witness.

o

The notice must clearly state that the deposition will be conducted via video conference, and also mention the recording method.

o

If the court reporter is not with the deponent, all parties should stipulate that the oath may be taken remotely.

o

Notify your client and invite them to participate in the deposition process.

o

Pre-mark all exhibits and send them to all parties ahead of the deposition proceeding.

•

Use robust technology: o

Use the latest technology when conducting a remote deposition.

o

Before the deposition, test this technology to ensure there are no hitches.

o

Familiarize yourself with the remote streaming technology.

o

Determine how many streamed feeds you would need, as there are diverse streaming technologies with options for video, audio, streaming exhibits, and streaming text.

o

Location with limited bandwidth or multiple users streaming at the same time can stream the video feed and listen to the audio on the phone.

o

Mute the computer audio for less noise and better clarity.

o

Attorneys should ideally mute their phone/computer, when listening to the witness.

www.mosmedicalrecordreview.com

918-221-7791

•

o

Turn off all notifications on the device you are using.

o

Use a hardwire connection to the internet, rather than wi-fi.

o

There should be a clear and uninterrupted view of the deponent.

Ensure professionalism: o

Just as in-person deposition, the legal proceeding must be professionally handled.

•

o

Select the background carefully to ensure zero distraction.

o

Make sure that you wear business/business casual attire.

Manage exhibits professionally: o

Choose from – remote management or participant management.

▪

Remote management: •

Your professional videographer will display the exhibits as directed

•

They would also ensure availability to the reporter for on-therecord marking and inclusion.

▪

Participant management: •

You can manage the exhibits on your own by sending them electronically to all parties involved, ahead of the deposition.

o •

Defer to the court reporter any issues related to exhibit management.

Prepare your witness thoroughly: o

Conduct a mock deposition and include the witness in it.

o

Ensure that the witness understands how he/she can send you a private message and also how to address the room.

o

Instruct your witness as regards framing their webcam and muting their microphone.

To Learn More about This Topic, Check Out Our Blog: Best Practices to Conduct a Remote Deposition

www.mosmedicalrecordreview.com

918-221-7791