Do’s and Don’ts of a Deposition
During a deposition, regardless of your role, there can at times be miscommunication, misunderstandings, and certainties. EGCR has established a few tips on how to make the process of a Deposition much smoother.
- DO: Attorneys should verbally state when they are going on and off the record.
- A Court Reporter is likely able to tell the difference; however, there are occasions when it can be unclear.
- DON’T: Use Your Cell Phones!
- All parties involved should not have their phone out unless it is particularly useful for the deposition. During videotaped depositions, if a phone unintentionally goes off, it can create unnecessary distraction.
- DO: A Court Reporter should ask for spellings of names and locations.
- It is important for a Court Reporter to ask an attorney or witness for spellings during breaks. This will result in a transcript being completed sooner and will result in the record being more accurate.
- DO: For videotaped depositions, be mindful of the microphone.
- It is sensitive and easily picks up voices.
- Moving documents near the microphone while talking is not good. The sounds of shuffling papers overshadows the dialogue be said.
- DON’T: Do not hesitate to make requests from a witness.
- Example: During a videotaped deposition, without certain equipment, it can be hard for the video or written record to capture the details of an exhibit. Thus, during a videotaped deposition, it is best to ask a witness to show it for everyone to see or verbalize rather.
- DO: For recorded depositions, an Attorney should let the Videographer know what layout they want for the deposition.
- A Videographer, especially an EGCR Videographer, is very flexible and wants to achieve what is best for the attorney involved in the deposition.
- Prior to the deposition, the attorney should ask to view the videographer’s camera view to ensure that the picture is framed according to the attorney’s expectations.
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