Depositions via Teleconference – Best Practices
Posted by Ken Adams on Tue, Dec 06, 2011

From saving on travel expenses to minimizing inconveniences related to remote depositions, teleconferencing has emerged as a cost-effective, convenient alternative to travel. However, there's more involved than using a free teleconference call provider or setting up a couple of laptops with webcams and hoping technology will come through for you. Follow these best practices and set up a successful deposition via teleconference.
- Determine the best technology for your needs. Do you want to see the witness's body language and facial expressions? Or is an audio-only conference call sufficient? If you want to see the witness, you can either have a videographer present or you can opt for a videoconference (or both).
- Make sure a real-time court reporter is present at the witness's site. The court reporter plays a crucial role throughout the deposition and can perform multiple tasks including swearing in the witness and providing remote attorneys with real-time testimony feeds over the Internet. In addition, having a court reporter in the same room with the witness ensures that every word is heard and recorded.
- Book suites at a professional teleconferencing facility. Not only will this provide the witness with a comfortable environment, it will minimize distractions and technical glitches. You will also be able to order additional equipment or services as needed such as videography, videoconferencing, speakerphones, or computer screen-sharing options. Depending on your law firm's existing teleconferencing equipment and available technical staff, you may be able to book a remote teleconferencing suite in your witness's city (for your witness to use) and then access the teleconference feed at your office. If you choose this route, make sure to coordinate with the teleconference facility and test the connection in advance.
- Be aware of time zone differences when scheduling your teleconference. Specify the exact time and date in each party's specific time zone so that there's no confusion and that everyone arrives on time.
- Ship any exhibits to the teleconferencing suite in advance. You'll need to coordinate the display of exhibits with your court reporter or the teleconference facility's manager. If the court reporter will be responsible for handing out documents or pressing the play button on a DVD player, allow time for these tasks.
- Let the witness know what to expect. For example, if you'll be using videoconferencing equipment, let your witness know that you'll be able to see each other and interact as if you were in the same room.
- Ask all parties involved to arrive at least 20 minutes early. This extra time accounts for unforeseen traffic issues, finding parking spaces, and getting settled in the teleconference suite. It also reduces stress.
- Ask the teleconferencing facility's manager to provide water or iced tea for your witness who will likely be nervous. Since you won't be there to play host, it's important to ask the facility's manager to step in and help your witness feel at ease.
- Ask all parties involved to turn off their cell phones during the deposition. Teleconferencing equipment is extremely sensitive. These microphones can pick up even the quietest of sounds such as a cell phone ringing in vibrate mode. In addition, only one party at a time should speak as it's much more difficult for the court reporter to keep track of who's speaking during a remote deposition.
Take advantage of technology and save time, money, and hassles at the same time by choosing a full service
court reporting firm that also offers teleconferencing services and suites. By choosing such a firm, you can rest assured that the entire process will conform to the legal industry's high standards.
Have you ever held a deposition via teleconference? What would you do differently the next time around? Share your ideas in the comments section below: