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Remote Deposition FAQs

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CREATE YOUR VIRTUAL DEPOSITION

Frequently Asked Questions

WHAT HARDWARE AND SOFTWARE DO I NEED?

  • A desk or laptop with a webcam, a smartphone, or a tablet, such as an iPad
  • A good internet connection (applies to all parties attending)

HOW DO I SET UP A WEB VIDEO CONFERENCE DEPO?

Calendar the deposition here. Our office will then email you an invitation with connection information.

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. We will also assist with setting up the witness.

WHAT DO I NEED TO KNOW ABOUT ADMISSIBILITY OF THE DEPO AND REMOTELY SWEARING IN THE WITNESS?

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

Please confer with counsel to stipulate regarding admissibility and remote swearing in of the witness by the reporter.

We are recommending that the 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.

HOW DO I HANDLE EXHIBITS IN WEB VIDEO CONFERENCING DEPOS?

We suggest scanning potential exhibits in PDF format. Name each file with a description which is recognizable so that you can easily locate the document you are looking for. Save them in a folder purposed for the deposition. They will then be easily located and presented using the screen share feature.

There are two options for presenting the exhibits.

Option 1:
1) Email the exhibits to our office at exhibits@depo.com for forwarding to the reporter.
2) Additionally send exhibits to opposing counsel, who can provide them to the witness

Option 2:
Utilize the screen share feature to present the exhibits on the screen. Simply pull up the exhibit on your desktop and click the “Share My Screen” button.

HOW DOES IT WORK IF I NEED A VIDEO RECORDING OF A WEB VIDEO CONFERENCED DEPO?

For a “Video” or to have the web video conference recorded, we use Zoom to accomplish this. A videographer will host the depo via Zoom and will record the deponent on his end. The videographer will do the usual read-on statement that he normally does at the beginning of depos, will indicate when they are going on and off the record for breaks, and will stop the recording during breaks so that no off-the-record discussions are recorded.

The final product is a video and audio recording of the depo with timestamps, similar to how video is normally recorded. Standard video rates will apply as the videographer will be monitoring the depo as it happens.

HOW DO YOU MONITOR A WITNESS BEING COACHED REMOTELY?

One helpful tip is to watch body language.

WHICH APPS DO YOU USE?

Depending on your specific needs, we use Zoom, GoToMeeting, or
Webex. For a realtime stream, we use LiveLitigation.

WHAT DO I NEED FOR TELEPHONIC-ONLY DEPOS?

Atkinson-Baker will provide a dedicated, secure call-in number.

WHAT IF I NEED REALTIME STREAMING?

This is available as an add-on service. Rough drafts and expedited transcripts are also available.

IF SOMEONE USES SCREEN SHARE FOR AN EXHIBIT, WILL OTHER PARTICIPANTS BE ABLE TO DOWNLOAD IT?

No.

CAN PEOPLE PARTICIPATE USING ONLY A SMARTPHONE?

Yes. They need to download the app onto their smartphone.

DO YOU EVER PROVIDE EQUIPMENT TO THE DEPONENT, AND, IF SO, HOW DOES THAT WORK AND WHAT IS THE COST?

We can send out a tech to set up the equipment. They will stay and
monitor to the end of the depo. The cost is $95 per hour, with a $270 minimum.

CONCERNS HAVE SURFACED WITH THE USE OF THE ZOOM PLATFORM FOR VIDEO CONFERENCING. COULD YOU CONFIRM FOR ME WHICH PLATFORM YOU USE? IF ZOOM IS UTILIZED FOR DEPOSITIONS, WHAT SECURITY MEASURES HAVE BEEN TAKEN TO ENSURE THE CONFIDENTIALITY OF THE PROCEEDING?

We do use Zoom; however, we also use GoToMeeting or Webex, if you prefer one of those platforms. Regarding Zoom security measures, what we do is email the connection info only to people who will be attending the depo. We also password protect the meeting to prevent unauthorized access. This prevents anyone from entering who is not invited.

We haven’t had any issues with unauthorized access. Zoom has addressed all of the security and privacy issues that have come up recently.