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A witness joins on time, the camera works, and everyone appears on screen. Then the first exhibit opens sideways, a microphone starts echoing, and someone realizes the calendar invitation shows the wrong time zone.
Small oversights can interrupt an otherwise well-prepared examination. A useful remote deposition checklist gives each practical detail an owner before testimony begins.
For attorneys, paralegals, and witnesses, preparation is easiest to manage in three stages: confirm the arrangements, rehearse the setup, and complete a final check before joining.
Start With One Written Coordination Sheet
Create a short document that participants can use without searching through a long email thread. Include the date, start time and time zone, joining instructions, technical contact, and the agreed method for sharing exhibits.
The legal team should separately confirm the applicable procedural requirements, any necessary agreement or court order, notice and service arrangements, and the deposition officer’s authority to administer the oath. A platform invitation does not resolve those questions.
Countrywide Process’s guide to preparing for a remote deposition offers a broader discussion of the procedural and logistical issues attorneys should address.
An effective coordination sheet also identifies who will host the session, introduce documents, handle connection problems, and receive the final materials. Assigning these tasks helps prevent several people from trying to solve the same problem while another task is overlooked.
Before the Day: Rehearse the Actual Setup
A successful test on a phone does not confirm that a laptop will work from a different location. Run the practice session with the device, room, connection, and platform intended for the deposition.
Check whether participants can:
- Join using the supplied instructions.
- Hear ordinary speech clearly without feedback.
- See the witness’s face with the camera at a comfortable height.
- Open and read a sample document.
- Find the controls they will need during the session.
If an interpreter or accessibility accommodation is needed, include it in the rehearsal. A basic connection test may miss a problem that appears only when people begin working together.
Leave time to resolve issues. Installing software or changing equipment immediately before the scheduled start adds unnecessary pressure.
Prepare Exhibits for Someone Seeing Them for the First Time
The person who assembled an exhibit folder already knows where everything belongs. The witness and other participants may be opening each document for the first time.
Use a consistent identification system and check that text remains readable when shared. Test a long document as well as a simple one-page file: navigating to a specific page can be harder than displaying the opening page.
Agree on how exhibits will be introduced, marked, distributed, and retained. Where appropriate, assign a separate person to manage electronic exhibits so examining counsel can concentrate on the questions.
Keep private preparation notes separate from materials intended for sharing. Before presenting a document, confirm that the sharing controls display only the intended window or application.
Give the Witness Practical Orientation
Witness preparation should include an explanation of the remote format and guidance from counsel about giving testimony.
Review practical points such as waiting until a question is complete, speaking clearly, and saying when audio drops out. The witness should know how to request clarification if a question or document cannot be heard or read.
Choose a quiet room, arrange suitable lighting, and reduce avoidable interruptions. Discuss the applicable protocol for other people in the room, additional devices, messages, and materials available to the witness.
Communication during testimony and breaks should follow the governing rules and any agreed protocol. Participants should not assume that a private chat or breakout room is an unrestricted channel.
Agree on What Happens if the Connection Fails
A backup plan should answer a few concrete questions: Who should be contacted? How will everyone learn that someone has disconnected? Who will coordinate rejoining?
Circulate a technical contact number and any approved alternative connection instructions in advance. A backup connection must still fit the agreed procedure and applicable requirements.
If someone cannot hear or loses access to an exhibit, raise the issue immediately. Counsel and the deposition officer should address the interruption and the record before questioning proceeds. Reconnecting alone does not establish that everyone heard the preceding exchange.
In the Final Minutes: Check Readiness Together
Join early enough to resolve routine access problems. Confirm that the expected participants are present, names are identifiable, and the witness can hear clearly.
Close unrelated applications and notifications. Keep power connected and the technical contact details accessible. Confirm that exhibit access works and that any recording arrangements match what was planned.
Distinguish the agreed official record from platform features such as captions, automated summaries, and personal recordings. Confirm with the reporting provider which materials will be delivered and in what form.
After the Session: Complete the Handover
The workflow continues after participants leave the call. Confirm transcript orders, expected delivery dates, exhibit handling, and any recording deliverables.
Give one team member responsibility for checking that received materials match what was ordered. Store them under the matter’s access and retention arrangements.
A short internal note about technical difficulties or exhibit-handling problems can also improve the next session. Record the problem and the practical change needed, while keeping that administrative note separate from the deposition record.
Frequently Asked Questions
What should a remote deposition checklist cover?
Include procedural arrangements, participant access, witness setup, exhibits, communication protocols, reporting arrangements, and a plan for technical interruptions. Assign responsibility for each item.
How early should participants join?
Follow the organizer’s instructions and allow enough time to test access, sound, and documents. Resolve substantial software or equipment issues during an earlier rehearsal.
Can exhibits be shared through screen sharing?
Screen sharing may form part of the agreed workflow. The team must also address document identification, marking, distribution, and retention; displaying a page alone does not settle those tasks.
What should a witness do if the audio becomes unclear?
Say so promptly and request clarification. The legal team and deposition officer can address the interruption before the examination continues.
Is the platform’s automatic transcript the official transcript?
Do not assume it is. Confirm the required record and deliverables with counsel and the reporting provider. NCRA distinguishes uncertified draft transcripts from certified transcripts in its professional guidance.
