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FAQs Reporting a Remote Depo

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07Apr2020

FAQs Reporting a Remote Depo

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WHAT HARDWARE AND SOFTWARE DO I NEED?

  • A desk or laptop with a webcam or a tablet, such as an iPad
  • A good internet connection
  • Separate audio source, such as a landline or cell phone
  • Internet service with minimum of 5Mbps upload/download speed. Test speed here: www.speedtest.net

HOW IS BEST TO SET UP THE ROOM FOR THE CAMERA? 

  • You will need a professional background setting with no visible personal items.
  • The room should be quiet and distraction free.
  • Wear professional attire, as you will be on camera.
  • Natural light is good; however, don’t sit with your back to a window with bright sunlight coming in. Diffused and/or reflected light is best.

WHAT IF I HAVE QUESTIONS OR HAVE TROUBLE GETTING SET UP?

You will receive any needed support from your Atkinson-Baker Web Video Conference Team. Email enoriega@depo.com to schedule a training session.

WHAT DO I NEED TO KNOW ABOUT SWEARING IN THE WITNESS REMOTELY?

You will need to ensure that the parties stipulate to allow the reporter to swear in the witness remotely. This is required due to varying state regulations and codes regarding administration of the oath.

Suggested wording for swearing in the witness who is not in the same room or when all parties are remoting in from separate locations, which the reporter puts on the record:

My name is ______________ a [INSERT STATE] State notary public and/or certified shorthand reporter, and this deposition is being held via videoconferencing equipment. The witness and reporter are not in the same room. The witness will be sworn in remotely pursuant to agreement of all parties. The parties stipulate that the testimony is being given as if the witness was sworn in person. Does everyone agree?

We are recommending that a reporter either ask to see the witness’ state-issued ID or if the witness is represented by counsel, have the attorney, as an officer of the court, verify the witness’ identity.

There are advisory opinions and temporary orders being issued daily from the different states. We will provide you the information we have collected, depending on the venue of the case. CA Governor Executive Order re Judicial Branch

HOW DO I HANDLE EXHIBITS?

There are two ways to go about handling exhibits.

Option 1:
The attorney provides us with the exhibits, which will be forwarded to you before the deposition.

Option 2:
The attorney may utilize the screen share feature to present the exhibits on the screen. He/she will simply pull up the exhibit on their desktop and click the “Share My Screen” button. If the attorney does this, ensure you provide your email address he can forward you exhibit file.

WHICH APPS DO YOU USE?

We mainly use Zoom, but we also use GoToMeeting. If streaming realtime is requested, we use LiveLitigation.

For more information on GoToMeeting, click here or view this video.
For more information on Zoom, click here or view this video.
For more information on LiveLitigation, click here.

WHAT LOCATION DO I USE ON THE TRANSCRIPTS?

Federal Rules of Civil Procedure 30
(4) By Remote Means. The parties may stipulate—or the court may on motion order—that a deposition be taken by telephone or other remote means. For the purpose of this rule and Rules 28(a), 37(a)(2), and 37(b)(1), the deposition takes place where the deponent answers the questions.

If the street address is deemed confidential, simply include the city and state on the transcript.

Ensure the appearance page indicates that a telephonic or web video conference appearance was made.

HELPFUL LINKS:

Helpful How-Tos for Remote Depositions

Handling of Exhibits for Remote Depositions

Tools for Web Conferencing

Remote Notarization and Swearing In

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