Remote Conference

Remote Depositions: The New Normal Due To COVID-19

Remote depositions are becoming the new normal for the legal profession amid the COVID-19 pandemic.  One common concern from attorneys is can the witness be sworn in remotely.  The Federal Rule of Civil Procedure 30(b)(4) and similar state rules, such as O.C.G.A. § 9-11-30(4) authorize remote depositions by stipulation of the parties or court order.

Following Governor Brian Kemp’s declaration of a state health emergency in Georgia, Justice Melton issued a statewide judicial emergency limiting court functions and suspended or otherwise granted relief from a number of statutory judicial deadlines.

Currently the order will remain in effect until April 13, 2020.  During this time, EGCR is waiving any web or videoconferencing fees as long as EGCR is not required to provide a location or equipment outside of EGCR’s facility.  Standard deposition rates will apply.

Our team is working diligently to prepare our staff and our clients for the best experience possible.  Below are some helpful links.

Schedule your deposition

View the remote deposition checklist

Upload Exhibits

We urge our clients if they run into a situation that is unique, to call or email our office so we can provide a solution.

We also have a comprehensive YouTube tutorial on web depositions, along with other tutorials.

We believe remote depositions will continue to be relevant in the future for situations relating to weather.  Georgia can shut down for a week at a time due to weather.  You no longer have to.

While, during this crisis, the EGCR and Ancillary teams are working remotely to prevent the spread of COVID-19, we are still available to answer your questions or concerns.

Things to Consider When Deposing an International Witness

Deposing a witness is a headache. There is coordination, fees, preparation, and numerous other things to consider. Deposing an international witness can be even worse. In addition to the standard procedures you have to undertake, there are other things to consider as well. What are the internal laws of the witness’s home country? Do you need an interpreter? Must you first submit a request through the Hague Evidence Convention?

While difficult, international depositions are by no means impossible. Proper preparation, like every other stage of litigation, is the key.

In addition, here are some helpful things to consider:

  • What local laws are there where the witness is?
  • Do you need a visa for you and the court reporter to perform the work in the foreign country?
  • What oath requirements are there?
  • Do you have to make travel arrangements for a diplomatic officer from a consulate?
  • Can you compel testimony if the witness is unwilling?
  • How can you reserve a location? Can this be done by video-conference?

Some countries strictly forbid pre-trial discovery, while others allow it in limited circumstances. Further, if the country is a member of the Hague Convention, that adds another layer of difficulty.

Certain processes can be used to get evidence without a deposition. Things such as letters rogatory and letters of request can be used. Thankfully, if you only need documentation, this is a much easier procedure. But, they can be time consuming and expensive.

However, you can tailor requests to your needs. It is important to talk to an expert in this area to determine what is right for your situation. Preemptively, the client should be warned that a substantial expense is forthcoming. Finally, be careful to not go on a fishing expedition.

Video Conferencing with Elizabeth Gallo Court Reporting

Video Conferencing

At Elizabeth Gallo, we can assist with those multi-party cases that make scheduling tasks a bit difficult, to become easier to organize by using our Video Conferencing Services.

With our Video Conference Services, our staff will coordinate with all parties involved to ensure everyone can connect to the deposition.

You can also attend a Video Conference at our location too! Our conference rooms are equipped with the most latest tools to ensure a smooth deposition.

Book a Video Conference With Us Today! 

EGCR’s Fun Legal Fact of the Week

Elizabeth Gallo Court Reporting’s Fun Legal Fact of the Week is here to help you get through the work week by sharing a random fact about American History, law, and more!

Fun

EGCR’s Fun Legal Fact of the Week: The Foreign Assistance Act

 

The Foreign Assistance Act was passed on September 4th, 1961. Also, it was an Act of the U.S. Congress. This particular act regrouped existing Foreign programs.

For example, it created its own agency. This agency is known as the The United States Agency for International Development. Additionally, it created its own yet separate military for non-military aid purposes.