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.

LAKE ERIE BILL OF RIGHTS STRUCK DOWN WHY THE RIGHTS OF NATURE MOVEMENT IS A NONVIABLE LEGISLATIVE STRATEGY FOR MUNICIPALITIES PLAGUED BY POLLUTION

Recently Governor Tom Wolf signed Senate Bill 554 (now Act 65 of 2021) into law.  This legislation amends the Pennsylvania Sunshine Law to require agencies (including political subdivisions such as counties, cities, townships, boroughs and authorities as well as both traditional public and charter school boards) to make available in advance to the public the proposed agenda for any meeting.

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.

 

In 30 years, ADA has brought welcome changes, but there is still work to be done _ The Pittsburgh Jewish Chronicle

OBANNON v NCAA AN ANTITRUST ASSAULT ON THE NCAAS DYING AMATEURISM PRINCIPLE

Medical Marijuana Laws and the Impact on Local (SMGG Vers 03-15-17).3.14