U.S. Legal Support has published a new guide for lawyers who suddenly need to take depositions from a distance. The article is called A Litigator’s Guide to Remote Deposition Basics. Its author is attorney James Drimmer, and it came out in early April 2020, while courts and law offices were adapting to COVID-19 shutdowns.
First, Drimmer makes a simple point. Remote depositions had been used only now and then, but he argues they are about to become routine. Because of that, practitioners will need shared procedures, whether those come from custom, statute or court rule.
The first step, in his view, is to coordinate with opposing counsel. Several details should be settled before anyone logs in, so there are no surprises on the day. These include:
- Timing, when parties, witnesses and lawyers sit in different time zones.
- Which video platform will be used.
- Who pays for equipment or any extra costs.
- Whether the deposition will be admissible.
On that last point, the guide notes that U.S. Legal Support court reporters open each remote deposition by reading a stipulation on admissibility into the record.
Exhibits get their own section. Drimmer recommends converting them to digital format ahead of time, since digital files are easy to share.
In practice, the guide is meant for litigators who want a session to run as smoothly as an in-person deposition. U.S. Legal Support is based in Houston, Texas. Its services include court reporting and other litigation support, and it also helps clients run depositions remotely.
