Enhancing Remote Deposition Integrity: Protocols for Effective Participation and Conduct

Enhancing Remote Deposition Integrity: Protocols for Effective Participation and Conduct

According to an article by Esquire Deposition Solutions, the remote deposition has expanded participation beyond traditional in-person settings, presenting both opportunities and challenges. 

On the one hand, remote technology enables broader involvement from litigation team members, enhancing the efficiency of pretrial discovery and improving the chances of early litigation success. However, it also allows unauthorized participants to participate, which can undermine the integrity of the process.

To address these issues, the article suggests a well-crafted remote deposition protocol is essential. This protocol defines who can attend and establishes clear ground rules for participation. Authorized participants typically include attorneys, client representatives, court reporters, videographers, and other essential personnel. Cases like Ali v. Franklin Wireless Corp. and Geiser v. The Salvation Army illustrate how detailed participant definitions can mitigate unauthorized access.

Additionally, protocols often include conduct guidelines, requiring participants to log in, identify themselves, and ensure transparency about others in the room. The ABA recommends these measures to help maintain order and integrity during depositions.

Ultimately, a remote deposition protocol is a proactive tool that anticipates potential challenges and adapts to gaps in existing court rules. Law firms can clearly define participant roles and acceptable behaviors to ensure remote depositions run smoothly, maintaining their effectiveness and fairness.