As the use of video conferencing technology becomes increasingly common in legal proceedings, attorneys must adapt to this new form of communication. Depositions, in particular, are a critical step in the litigation process and require careful preparation to ensure that all necessary information is obtained. Here are some best practices for conducting a video conference deposition:
Choosing a reliable video conferencing platform.
There are many video conferencing platforms available, such as Zoom, Webex, and Skype. Select a platform that is reliable, user-friendly, and has features that are suitable for your deposition needs.
Prepare the witness:
Make sure that the witness has a stable and reliable internet connection as well as a high-quality microphone and webcam, also make sure your witness is comfortable with the technology and understands how to use it. Consider providing them with a brief tutorial or practice session beforehand.
Use Visual Aids and Exhibits:
Share exhibits and visual aids electronically to all participants in advance. Coordinate with the court reporter to ensure they have access to any exhibits for reference. During the deposition, use screen sharing capabilities to present exhibits seamlessly, allowing everyone to follow along.
Manage the Environment:
Ensure that your surroundings are professional and free from distractions. Find a quiet space with adequate lighting and minimal background noise. Try to plan your deposition out on a day when you won’t have any lawn care or loud dogs around the house. Remove any potential interruptions such as cell phone notifications, loud appliances. Consider using a neutral background or a virtual background if available.
Be mindful of body language:
Since the video conference deposition may lack the intimacy of an in-person deposition, it’s important to pay attention to your body language. Maintain eye contact, sit up straight, and avoid any distracting behaviors (like fidgeting or tapping).
By following these best practices, attorneys can conduct effective and efficient video conference depositions that are just as productive as in-person depositions.
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