How to Prepare for, and Conduct, a Remote Deposition

Remote work. Remote interviews. Remote conferences. With everybody dealing with the COVID-19 pandemic in as normal a fashion as possible, many businesses and other organizations are conducting their daily routines remotely. These are strange times that we are trying to adjust to; however, in the world of litigation, remote depositions are nothing new. They are, in fact, becoming the appropriate course of action for the time being.

Rest assured that if you must give a remote deposition to your–or a loved one’s–car accident claim, it is a pretty straightforward process that we here at Lapeze & Johns can elaborate on for you.

There are a few things you need to check and make sure are in working order before you conduct a remote deposition. First, you should obviously make sure your microphone works. Without audio, your deposition cannot be recorded and documented, so it is an essential proceshous to make sure that it is working.

Next, whether it’s Skype, Zoom, Microsoft Teams, or whatever virtual video app that you’re going to use during your remote deposition, do a test run to make sure everything you will need–audio and the video camera, specifically–will be working properly before you start your remote deposition so that you won’t be troubleshooting any issues during your real session.

Also, don’t forget to check your internet speed. You may want to hook your computer up with an ethernet cord instead of using WiFi if you have experienced slow internet speeds lately. You also want to make sure that you have a quiet room in your home with the right décor for a background. Luckily, some video apps like Zoom allow you to pick a background if your home decoration isn’t up to par.

Lastly, log out or mute any assistant devices or smart speakers such as Echo for Alexa or Google Home Hub for security purposes. These devices are recording everything you say, and it’s in your best interests that they don’t record the proceedings.

You’ve consulted with your attorneys about what to expect in the deposition and the manner in which you will answer the questions. You’re ready for your remote deposition, and when it starts, it will commence much like it would were you doing it in person.

However, after the reporter has securely identified who you are, they will read a statement into the record referring to the First Emergency Order regarding the COVID-19 State of Disaster § 2(b-c).

The out-of-court testimony will then commence, and all you have to do is keep your composure and answer the questions precisely, and truthfully, when the reporter has stopped their line of questioning. If the reporter asks you to repeat, keep in mind that this is normal to the process as details must be restated for clarification.

How to Prepare for, and Conduct, a Remote Deposition

Lapeze & Johns