Courts Nationwide Are Requiring Depositions Be Taken Remotely.

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.