The current uncertainty of the Covid-19 pandemic is not relenting.   Stay-At-Home orders, while relaxing in some jurisdictions currently, are predicted to be phased in and out throughout 2020 and beyond depending on expected subsequent waves of the virus.

Courts nationwide have entered orders rejecting extending deadlines and are now requiring that depositions be taken by remote means.   It is time to move forward accepting that our current circumstances are going to be here for a while.

Federal Rule 30(b)(4) provides that “[t]he parties may stipulate—or the court may on motion order—that a deposition be taken by telephone or other remote means.”  Arizona RCP mirror this language.

As discussed in our article Momentum: Use It or Lose It, it is predicted that dockets will be backlogged for months.  One must now seriously consider the devastating domino effect that any further delay in taking depositions will cause to their client’s matter, and their reputation.

There are practical considerations a litigator will face when taking a remote deposition.  Instead of hoping you’ve read the right article, let us do our job.

We walk counsel and their staff through these logistical nuances each and every day.  Our platform is encrypted, password-protected, and is FedRAMP (Moderate) and SOC2 rated.

Obviously, remote depositions require integration of various audio and video equipment.   Not to worry, we’ve got your back.  Whether there are 3 parties or 30, at no additional charge we reach out and conduct practice runs with you, opposing counsel, and the witness to test technology, share best practice, and answer questions.

As impartial officers of the Court proficient with video conference technology, we help ensure the propriety of the process.   There are best practice protocol that you MUST require be carried out, such as the certified court reporter having control of all hosting functions, disabling any chat function, monitoring band-width and audio integrity in real time, simultaneously marking exhibits, and video recording only on-the-record testimony, just to name a few.   There is also a plethora of experience we bring, contributing to the confidence that you are geared up and on point for remote depositions.  These are standard functions that our elite team welcomes providing to ensure the integrity of each proceeding.

Please, do not be intimidated or put off by this technology.  This is what we do.  This is what we’ve always done.  We are your certified technical support assistant from end-to-end for all your remote video conference proceedings.

Bring it.

Trial lawyers and judges across the country agree on one thing right now:  There is a dire need to keep moving forward, to proceed with hearings and depositions by virtual and remote means.  This is not the time for delay tactics or gamesmanship, as it is predicted that dockets will be packed and backlogged for months whenever things resume.  Courts are already becoming overwhelmed with pending cases, rescheduled court dates and other deadlines.

The Covid-19 shutdown will undoubtedly end up delaying cases even further than most could have ever anticipated when they first chose to be idle.   At this point one must consider that each delayed date exponentially impacts the others in a case in a domino effect, with each delay critically impacting your client’s case. 

Will your client wait?   Will your practice?  

Our current reality of social distancing calls for physical distancing, not for locking up all progress and productivity.  We must be committed to keep any momentum going, no matter how small or incremental.  Keep moving forward, today, and the next and the next. 

Commitment Ignites Momentum

Procrastinating (or accepting your opponent’s desire to do so) won’t help you win your case.  Don’t let your circumstances define your progress.  This doesn’t mean that you ignore the reality of our current situation.  It means that you proactively find a solution to promptly overcome the challenges that you’re up against, just like you have your entire career.   Assess, Adapt and Overcome.

Even the Supreme Court announced on Monday that it would hear arguments by telephone over six days in May. 

You’ve spent countless hours, years, building solid momentum in your career and in your practice.   Why let it come to a screeching halt, or unnecessarily concede to slog through decreased productivity and lost momentum?   

“We’re going to have to completely rethink how much has to be done in person, how much can be done using technology” Texas Supreme Court Justice Nathan Hecht recently shared with ABC News.

Many of your clients may be suffering massive losses right now, but that does not change the fact that they fully expect you to quickly figure out how to keep the momentum of their case moving forward, no matter what. 

T.Harv Eker said,  “The world doesn’t need more people playing small. It’s time to stop hiding out and start stepping out. It’s time to stop needing and start leading.”

Pro Tip:  First, identify a handful of key people who have a proven track record, a superior work ethic and reputation, and the desire to help you move forward.  Herder & Associates Court Reporters is your experienced resource to help you navigate your transition to encrypted, password-protected remote video proceedings.  It is time to move past any hesitation or roadblocks you have and keep the momentum going.   

Call today: (480)481-0649 or email at: [email protected]  

Be well and stay healthy.