Navigating Virtual and Conventional Depositions: The Defense Perspective

Depositions are a key part of the discovery process in legal proceedings, where witnesses provide sworn testimony outside of the courtroom. Here is what you will be learning about for both in-person and virtual depositions:

In-Person Depositions

1. **Setting**: Typically held in a lawyer’s office, a conference room, or another neutral location.

2. **Participants**: Involves the witness (deponent), attorneys for both sides, and a court reporter who records everything.

3. **Process**:

  – The witness is placed under oath, promising to tell the truth.

  – Attorneys take turns asking questions. The witness answers, and their responses are transcribed by the court reporter.

  – The session may last several hours, depending on the complexity of the case.

4. **Advantages**:

  – Allows for face-to-face interaction, which can aid in communication.

  – Non-verbal cues, such as body language, are observable.

5. **Challenges**:

  – Travel and scheduling can be more complicated.

  – May involve more formalities and logistical arrangements.

Virtual Depositions

1. **Setting**: Conducted over video conferencing platforms, allowing participants to join from different locations.

2. **Participants**: Same as in-person, but all involved use devices to connect online.

3. **Process**:

  – The witness is still placed under oath, often via a virtual oath process.

  – Attorneys ask questions, and the witness answers while the court reporter records the session electronically.

  – Screensharing can be used for documents or exhibits.

4. **Advantages**:

  – Greater flexibility in scheduling and location; parties can participate from anywhere.

  – Cost-effective, as it reduces travel expenses and time.

  – Can be recorded and accessed later if needed.

5. **Challenges**:

  – Technical issues can arise (e.g., connectivity problems).

  – Non-verbal cues are less visible, which may affect communication.

  – May feel less formal or serious, impacting the demeanor of participants.

Both in-person and virtual depositions serve the same fundamental purpose of gathering testimony, but they offer different dynamics and logistical considerations. The choice between the two often depends on the specific circumstances of the case and the preferences of the parties involved.

Speakers

Cate Clark, Assistant U.S. Attorney in the Civil Division of the U.S. Attorney’s Office for the Northern District of New York

Molly C. Casey, Partner, O'Connor, O'Connor, Bresee & First PC

Brian D. Carr, Founding Member & Partner, Monaco Cooper Lamme & Carr, PLLC