Remote vs. In-Person Depositions

Legal professionals have two primary options for deposing a witness: remote and in-person depositions. Each one offers benefits and drawbacks, making it essential to weigh your choices before selecting the right method for your case.

Remote Depositions

Remote or virtual depositions grew in popularity during the COVID-19 pandemic, when travel restrictions and social distancing made meeting in person difficult, if not impossible. Teleconferencing is still a popular way to take depositions. Here are the pros and cons to consider.

Advantages:

• Time and cost savings: With remote depositions, attorneys no longer need to spend hours and hundreds of dollars traveling to get a sworn statement. This is especially beneficial when dealing with out-of-state witnesses.
• Flexibility: Coordinating a convenient meeting time is easier when no one has to travel. This flexibility can lead to quicker case resolutions.
• Electronic exhibit sharing: Remote depositions allow participants to easily share documents electronically, giving all parties access to the necessary information without needing physical copies.

Drawbacks:

• Potential for technical issues: Slow internet connections, audio or video glitches, and software incompatibilities can disrupt a remote deposition. Proper preparation and having a backup plan are crucial.
• Lack of nonverbal cues: Digital settings may limit the ability to observe nonverbal cues such as body language and facial expressions, a vital part of assessing witness sincerity and reactions to certain information.

In-Person Depositions

Despite the option to meet remotely, sometimes holding an in-person deposition makes more sense. Consider the pros and cons of this traditional approach.

Advantages:

• Better observation: In-person depositions allow for more personal interactions like shaking hands and making eye contact. This can be crucial for evaluating a witness’s demeanor and credibility.
• Control over the environment: Being physically present allows attorneys to better manage the environment, ensuring all participants are engaged and the process proceeds smoothly.

Drawbacks:

• Travel and associated costs: Attending an in-person deposition can be time-consuming and expensive. This is particularly burdensome if multiple depositions are needed in different locations.
• Scheduling conflicts: Finding a mutually convenient time for all parties to meet is more challenging when you must set aside travel time rather than just a few hours for the deposition itself. As a result, delays and rescheduling are common.

Making Your Choice

Deciding between remote and in-person depositions comes down to the specifics of the case and your legal team’s priorities. Here are some factors to help you finalize your choice:

• Case complexity: In-person depositions are preferable for cases where nonverbal cues could prove critical.
• Geographical barriers: Remote depositions may be best if witnesses are located far from the attorney’s office or spread across multiple locations.
• Technical readiness: Remote depositions are only feasible if all parties have reliable internet access and the software required to participate.

Deposition Services in San Jose, CA

Whether you opt for remote or in-person depositions, Talty Court Reporters can meet your needs. We utilize the latest technology to deliver the very best results in your legal case. Turn to us for top-quality video and audio conferencing, remote depositions, conference room rentals, and much more. For additional information about our services or to request a cost estimate, please contact us today.