Should the attorney strategically choose to mark and present a document to a deponent in real time, it will work whether done by the attorney or with the assistance of the assigned technician. Looking first at the communication in advance with the court reporter, it is essential that staff provide the caption, the names and contact information for those who will be appearing as well as any documents/exhibits intended to be marked and utilized. Below please find a practice guide to proceeding with video teleconference depositions. This same technology is being utilized for arbitrations, mediations and other meetings and proceedings. So long as attorneys and witnesses have internet access and a device (smart phone, tablet, laptop or PC) with a camera, a deposition can proceed in a virtual video teleconference room while each of us is in a different location. While you may have certain cases and witnesses requiring in-person testimony, COVID-19 challenges need not disturb the majority of fact depositions and the taking of de bene esse trial testimony. Hubert, Esq., of Szaferman Lakind, and Mark Renzi of Renzi Legal Resources
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