The COVID-19 pandemic has forced the legal world to adopt myriad changes. Some of the most significant changes are related to legal proceedings. These days, receiving a notice of deposition via Zoom is a common occurrence.
Instead of in-person trials or depositions, legal proceedings are largely taking place online. Something that seemed unheard of not too long ago is the new normal for many jurisdictions.
It’s still unclear when the world will be freed completely of the COVID-19 pandemic. For now, the best thing attorneys can do is to make the most of the current setup.
Are you ready for your next Zoom deposition? One way to assess your readiness level is by asking and answering the four questions we have highlighted in this article. Come up with your answers to the questions before sending the notice of deposition via Zoom.
Are the Logistics In Order for the Zoom Deposition?
Conventional depositions are fairly straightforward.
The witness, also known as the deponent, is brought to a specific location to provide their testimony. All parties related to the case can attend the deposition. A court reporter is also present to record the deponent’s testimony.
Judges are almost always not present at depositions.
Often, the deposition takes place in an attorney’s office. You can also hold it at the court reporter’s office. Other places where the deposition may take place include the deponent’s home, workplace, or even a hotel.
Gathering the relevant parties in one location to conduct the deposition is easy enough. However, that may not be an option at this point in time.
With efforts still being made to prevent groups of people from gathering indoors, holding a deposition the conventional way may not be an option for you. Instead, you’ll have to send the notice of deposition via Zoom. Zoom can also host the deposition itself.
Potential stumbling blocks for conducting the deposition will arise if you’re going remote. Not everyone is familiar with Zoom. For that matter, participating in any kind of online meeting is not something everyone has done.
As the attorney, you must sort out the logistics of the remote deposition. It’s the only way to ensure that the deposition can take place relatively smoothly.
The Location of the Deponent
You must consider the location of the deponent while planning out the remote deposition. Where will they actually stay while providing testimony? It’s important to agree on a location well in advance.
Send over the necessary equipment after choosing the location. Assign someone to install the equipment properly. Make it easy for the witness to testify with no issue.
Remember to note the location of the witness before sending the notice of deposition via Zoom.
The Location of the Court Reporter
Figuring out where the court reporter will be during the deposition is also important.
Ideally, you want the court reporter to be in the same place as the witness. You want that kind of arrangement as it allows for the composition of a more transcript. The court reporter will have an easier time hearing the witness as they are in the same room with them.
Hopefully, it will be possible for the deponent and the court reporter to be in the same room together. If that cannot happen, you should check the rules in your area. Some areas may not even allow the deposition to occur if the witness and court reporter are not in the same room.
Also, remember to make preparations in the room to accommodate the court reporter’s equipment.
The Ability of the Participants to Join the Zoom Conference
Don’t forget to send the notice of deposition via Zoom to all the relevant parties in the case. Do that well ahead of the formal start time for the deposition. Remember to include the Zoom conference link in the notice of deposition.
You want to send out the notice of deposition ahead of time so the participants can test their connections. Check if everyone can participate in the Zoom conference and also inspect how well the audio and video features are working.
How Will Technology and Deposition Be Managed?
There are obviously numerous dissimilarities between in-person depositions and the ones conducted remotely. Typically, you must devote a lot of your energy to managing the witness and the other parties involved in the deposition. In remote depositions, managing the technology is something you have to do as well.
You should discuss numerous aspects of the Zoom deposition beforehand. Do that to avoid conflict and confusion. You must account for those before sending the notice of deposition via Zoom.
Let’s go through some of the most important ones below.
Microphones and Muting
Microphones pick up a lot of noise during a Zoom meeting. The microphones can even pick up low murmurs.
It’s good that the microphones are working properly, but you don’t want every murmur disturbing the proceedings. In the notice of deposition via Zoom, you can note that participants should mute their microphone whenever they aren’t speaking. That should help the deposition progress smoothly.
Clarifying Communications before Sending the Notice of Deposition via Zoom
If you’ve participated in a Zoom meeting, you know how easy it is to talk over everyone. You may not even be doing it on purpose. It’s just something that happens from time to time since communicating remotely can be tricky.
You cannot have people talking over each other during a deposition. The court reporter will have a tough time keeping up and the testimony will be unclear if that happens.
Remind everyone to speak in order and to avoid interrupting. If there are objections, you can come up with ways to raise them that don’t involve interrupting the speaker.
Limit Unauthorized Communication Channels
The trouble with not having all participants in the same room for the deposition is that it’s harder to monitor them. You may not be able to tell if the witness is communicating with their attorney offscreen.
Before distributing the notice of deposition via Zoom, get all the parties to agree that communicating via mobile devices and chat functions in the platform is not allowed. That’s the best way to prevent those side conversations.
If possible, ask everyone to turn off their mobile devices ahead of the deposition. You can also limit access to the chat functions. That will stop participants from using them inappropriately.
How Will the Zoom Deposition Exhibits Be Handled?
Don’t send the notice of deposition before you figure out how to deal with the exhibits. Mismanaging the exhibits is one way to completely derail the deposition.
The deposition can bog down because the parties did not come to terms on how the exhibits would be handled beforehand. Furthermore, understanding the contents of the exhibits may also be difficult given the remote nature of the deposition.
You must come up with a way to manage the exhibits well ahead of time. Otherwise, the deposition could turn into a nightmarish ordeal for everyone.
Request for the Documents to Be Sent ahead of Time
The notice of deposition via Zoom is not the only thing that should be sent in advance. You must do the same thing to the exhibits.
Place copies of the documents in sealed envelopes before sending them to the relevant parties. You can also instruct everyone to only open the envelopes during the deposition. By doing that, everyone will be able to easily understand the contents of the documents.
Work Out How the Exhibits Will Be Handled with the Court Reporter
Before the remote deposition, you should discuss how the exhibits will be handled together with the court reporter. Ask them how they want to handle the printing and marking of the exhibits.
Both sides and the court reporter should agree on the specifics of exhibit maintenance. That will prevent any issues from emerging later on.
Handling Confidential Information before Sending the Notice of Deposition via Zoom
Zoom is a public platform and nefarious parties may attempt to hack it if they have something valuable to gain. Confidential business information qualifies as something incredibly valuable.
Broadcasting confidential business information is not ideal. You should use tools that will limit access to that information. Use whichever tools necessary to maintain the integrity of confidential information.
Are You Capable of Questioning Properly During a Zoom Deposition?
The last question you must ask before sending the notice of deposition is related to your capabilities. A Zoom deposition and a regular deposition are entirely different beasts.
You have to make numerous adjustments to account for the new platform. You must also change the way you question the witness.
This type of setting also requires you to be more careful and detailed while speaking. Try your best to speak clearly each time so you don’t have to repeat yourself constantly.
You should also account for awkward silences during questioning. Power through them and get the answers you need from the witness.
Consider doing a trial run of the deposition as well. Enlist the help of your colleagues for the trial run so you can get a better feel for what the actual Zoom deposition will be like.
Litigators have to consider many factors before sending the notice of deposition via Zoom. We hope that the contents of this article can help you come up with a better strategy for your next Zoom deposition.
