Preventable technology failures shouldn’t undermine the merits of a case. Yet in complex litigation, many of the most frustrating deposition problems stem from logistics, untested platforms, and ad hoc exhibit management rather than the facts or law.
To reduce the risk of mishaps, seven steps can help law firms run lower-stress, tech-ready depositions.
Lock in attendance and logistics
For law firms handling multiparty, multijurisdictional matters, relying on past success isn’t a strategy. A repeatable framework is essential for partners, associates, and staff to use in every significant proceeding.
Start by confirming who is attending and their locations. Before selecting platforms or workflows, determine if the deposition will be in-person, hybrid, or fully remote.
Create a detailed attendance map showing the physical locations of the court reporter, witness, counsel, videographer, interpreters, trial technician, exhibit specialist, and other litigation support personnel.
For complex cases, document this in a concise logistics grid that the team can share internally and with the court reporting provider. On larger matters involving a series of depositions, a dedicated case manager will serve as the central point of coordination, maintaining these requirements for tech-ready depositions across proceedings.
Once the plan is established, communicate it early so the provider can allocate resources and design the appropriate technology setup. Highlight any special accommodations or case-specific requirements, such as interpreters, foreign witnesses, protective orders, or ADA needs, to address them before going on the record.
Build a technology plan
Construct a technology plan around the proceeding by identifying necessary services: videography, real-time interpretation, breakout rooms for confidential conferences, and whether a trial technician or exhibit specialist should be involved.
Confirm the platform to be used and any access constraints. Designate who will manage exhibits and serve as the primary contact for the litigation support provider.
Share the full list of technical requirements with the provider well in advance. This lead time allows for aligning staffing, configuring services, and scheduling pre-deposition check-ins.
In complex cases, a litigation support provider can help establish a consistent exhibit workflow across the deposition series, avoiding issues like a high-volume, multiparty case stuck in a manual, email-based process.
Before the first deposition in a series, organize exhibits with clear naming conventions and groupings aligned to witness outlines. Assign responsibility for presenting and marking exhibits, then select the workflow that best matches the case.
For hybrid environments, incorporate a short checklist into standard operating procedures: arrive 10 to 15 minutes early, ensure the witness is clearly visible and well-lit, position cameras so remote participants can see the questioner, the witness, and the room context, and configure real-time feeds, exhibit windows, and participant views before going on the record.
Even robust setups occasionally fail, so every plan should include redundancy. Use wired internet connections for key participants whenever possible, provide alternate audio by telephone, and ensure technical support is immediately accessible. Establish a clear backup plan for connectivity or platform issues, as well as a plan for documenting any interruptions to protect the record’s integrity.
The final piece for tech-ready depositions is governance. Draft notices broad enough to allow for remote and videotaped testimony, retaining flexibility as the case evolves. Discuss stipulations around remote testimony, recording, and technology with opposing counsel early.
Before going on the record, review communication protocols and muting expectations to minimize cross-talk and side chatter. Confirm exhibit procedures so everyone understands how documents will be introduced and shared. Address confidentiality and breakout room protocols, including who controls rooms and when they will be used.
Test and Optimize Technology
Schedule technology checks with key participants, including witnesses, experts, interpreters, and those handling exhibits or screen sharing. Verify internet speed and stability, encouraging wired connections for critical participants. Ensure webcams and microphones are properly positioned and functional. Test screen-sharing and exhibit tools using the actual devices participants will use.
Enhance Hybrid Deposition Environments
For hybrid depositions, ensure audio and video quality is optimal.
