What is a Virtual Deposition?

A virtual deposition is a legal procedure where a witness gives sworn testimony remotely instead of in person. As technology advances, video conferencing services such as Zoom, Microsoft Teams, and WebEx are increasingly employed for these depositions. These remote sessions have the same legal weight and gravity as traditional in-person depositions, but they are conducted via a digital platform, allowing parties to participate from anywhere with an internet connection.

Virtual depositions are becoming more common, particularly in light of the epidemic and the requirement for social separation. They provide an efficient way to conduct legal processes without the need for all parties to travel, making the procedure more accessible, faster, and cost-effective.

What Does a Notice of Deposition Include?

A notice of deposition is a formal legal document that informs all parties engaged in a litigation, including the witness (deponent), about the upcoming deposition. When it comes to virtual depositions, the notice includes particular information that assures all parties understand what to expect. This includes:

Date and Time: Just like a traditional deposition, the notice specifies when the remote deposition services will take place, ensuring everyone involved is prepared.

Platform Information: It will outline the video conferencing platform (like Zoom or Teams) that will be used for the deposition. Links and access instructions for the virtual meeting will also be included.

Technical Requirements: This section will explain what technical setup is needed, such as software installation or required equipment (camera, microphone, etc.).

Case Details: The notice will include the case name and number, identifying the relevant legal matter.

Contact Information: Contact details for the attorney or legal team organizing the deposition are provided in case participants have questions or encounter issues.

Why Are Virtual Deposition Notices Needed?

Virtual deposition notices are necessary because they formalize the process of informing all participants about the specifics of a pending distant deposition. They are legally binding, ensuring that all participants have the necessary information to prepare for the session. The notification acts as both a formal record and a source of communication, outlining the expectations for the virtual deposition.

Virtual depositions are particularly effective because they remove geographic constraints, allowing witnesses to participate from anywhere in the globe. This can save you time and money by avoiding the need for travel, housing, and other logistical arrangements. Also, virtual depositions provide flexibility, making it easier to plan and coordinate among various parties.

What to Do When You Receive a Virtual Deposition Notice

Receiving a virtual deposition notice can be stressful if you are unfamiliar with the procedure. But once broken down, it becomes pretty straightforward. Here are some crucial steps to follow when you receive a notice like this:

Review the Information Carefully: Make sure to read through the entire notice and check all the key details. Confirm the date, time, platform, and any other specific instructions or requirements. This will certify that you’re fully prepared for the deposition.

Confirm Your Participation: If the notice requires you to confirm your attendance, do so as soon as possible. This will help the legal team manage the schedule and make sure there are no surprises on the day of the deposition.

Ask Questions if Needed: If anything about the notice is unclear—whether it’s about the platform, the case details, or your role in the deposition—reach out to the attorney or legal team listed in the contact information. It's important to clarify any uncertainties before the big day.

Ensure Availability of Witnesses: If you are a lawyer or part of the legal team, make sure your witnesses are aware of the virtual deposition notice and have all the necessary details.

Check Your Connection

One of the most important steps in preparing for a virtual deposition is making sure that your internet connection is reliable. This is critical because technical glitches can disrupt the proceedings and possibly invalidate the deposition. Here's what you need to do:

Test Your Connection: Before the deposition, test your internet connection to verify that it is stable. Ideally, you should use a wired connection instead of relying on Wi-Fi, as wired connections tend to be more reliable.

Close Unnecessary Applications: To avoid using up bandwidth, close any programs or apps that aren't needed for the deposition. This includes streaming services, large downloads, or other video calls.

Check Audio and Video Equipment: Make sure your camera and microphone are working properly. Test them in advance to avoid last-minute malfunctions.

Prepare a Backup Plan: Have a backup device or internet source in case something goes wrong with your primary setup. This confirm that you can continue the deposition without unnecessary delays.

Prep Your Witness to Attend Virtually

If you're preparing a witness to attend a virtual deposition, there are a few things to keep in mind to make it a seamless experience:

Familiarize them with the Technology: Cover that your witness knows how to use the video conferencing platform. It may help to schedule a test call before the actual deposition to get comfortable with the interface, including muting/unmuting, video on/off, and how to share documents if necessary.

Choose a Quiet, Well-Lit Location: Advice your witness to select a quiet, well-lit space for the deposition. This ensures they can be clearly seen and heard, and minimizes distractions.

Dress Appropriately: Just as in an in-person deposition, the witness should dress professionally. Virtual depositions may be conducted from home, but it’s important to maintain a professional appearance to preserve the seriousness of the procedure.

Review Key Points: Ensure the witness is prepared to answer questions truthfully and thoroughly. A virtual deposition can feel different from an in-person one, but the rules of testimony remain the same.

Final Thought

A virtual deposition notice is critical to certify a successful remote deposition. It formalizes the deposition scheduling and explains the requirements for virtual participation, making it easier for witnesses and legal professionals to prepare. By carefully reading the notice, testing your connection, and preparing your witnesses, you may minimize any problems and guarantee that the deposition goes smoothly. Virtual depositions have shown to be an efficient and successful means to conduct legal proceedings, particularly when actual appearances are difficult or inconvenient.