Kathleen Mannard authored “Remote Depositions: What to Consider, Prepare For, Expect” for the Winter 2022 edition of the PBA Civil Litigation Update. Read Kathleen’s article below, and click here to view the full publication.
The COVID-19 pandemic impacted the legal field in many ways, including the taking of depositions. Now more than ever, remote depositions are more common.
As with any deposition, attorneys must adequately prepare. Remote depositions present their own unique challenges that attorneys should consider, prepare for, and expect.
Considerations with Opposing Counsel
Consent: A remote deposition must be consented to by all parties.
Stenographer: Inquire and hire a stenographer who is capable and experienced in remote depositions.
Technology: Discuss and finalize the technology necessary for the deposition, including selection of the videoconferencing platform, webcams, microphones and speakers.
Logistics: Adopt a logistic strategy to proactively address the following concerns:
Exhibits: Determine how potential exhibits will be introduced and shared with the witness:
Preparation for Remote Deposition
Leading Up to Remote Deposition
Adequate Notice: A notice of deposition requires essential information, even when remote. A written notice shall be served on all parties and include the following information:
Prepare Exhibits: In preparing potential exhibits for the remote deposition, attorneys should consider the following:
Day of Remote Deposition
Expectations for Conducting Remote Deposition
Troubles with Audio and Visuals: Should issues arise with audios and visuals:
Talking Over Each Other: As with any deposition, cross-communication may happen. To ensure a clear transcript:
Loss of Concentration: As with inperson depositions, witnesses may lose their concentration, at times. To mediate loss of concentration, be aware to:
Because remote depositions appear to be here to stay, all Pennsylvania attorneys must become well versed on how to participate in such depositions effectively and smoothly.
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SMGG Shareholders Alan Shuckrow, Kathy Clark and Gretchen Moore give a brief overview in the attached Client Alert. If you are in need of more specific information, please contact one of our Municipal Law Attorneys at (412) 281-5423.
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