Zoom Depositions: Admissible or Not? | What Attorneys Need To Know

Remote depositions have become a standard part of modern litigation. While they offer flexibility and convenience, they also come with unique challenges for lawyers that require careful planning and execution. It is crucial to have a certified transcript prepared either by a qualified court reporter or a live transcription service to ensure the accuracy and legality of the deposition. Whether you’re managing technical hiccups or ensuring compliance, every detail matters when conducting a deposition over Zoom.

This guide will walk you through essential tips for preparing, conducting, and troubleshooting virtual depositions.

Preparing for Remote Depositions

Preparation is key to ensuring a smooth Zoom deposition. Start with these steps:

1. Equipment and Connectivity: Make sure all participants, including the deponent, have access to a reliable computer or tablet and a stable internet connection.
2. Platform Familiarity: Schedule a test of your Zoom meeting ahead of time. This allows everyone to familiarize themselves with the platform’s features and troubleshoot potential technical difficulties.
3. Deponent Instructions:

• Instruct the deponent to be alone in a quiet room, free of distractions or outside interference.
• Make it clear they should only speak to you while on the record and avoid looking at any unauthorized materials.
• Emphasize the necessity for an officer to be physically present at the location of the deponent to comply with federal rules.

4. Confidentiality Measures: Ensure that all participants understand the importance of keeping their screens clear of sensitive information and closing unnecessary applications.

Watch the video below, "What to Expect At Your Zoom Deposition" to learn more about the remote deposition process.

Conducting a Successful Virtual Deposition

When it’s time for the deposition, efficiency and professionalism are crucial. Here’s how to make it work:

1. Optimize Technology: Close all non-essential programs to save RAM and prevent confidential information from being inadvertently displayed.
2. Distraction-Free Platforms: Use a dedicated virtual deposition platform that minimizes distractions and ensures seamless connectivity for all participants. Zoom has become one of the most popular videoconferencing platforms, so unsurprisingly it's also being use used more to conduct videoconference depositions.

Federal Rule Requirements and Best Practices

Virtual depositions are governed by specific rules, so compliance with civil procedure is non-negotiable. The Federal Rules of Civil Procedure outline the rules governing deposition practices in federal court, impacting the admissibility of video depositions taken via Zoom and detailing the procedural safeguards required to ensure a deposition is valid and maintains its integrity within the legal framework.

1. Rules to Know:

• Rule 28 governs the authority of individuals who administer oaths.
• Rule 30 outlines the process for depositions by oral examination, including video recordings.
• For virtual depositions to occur, compliance with federal Rule 45 is essential. This includes having a specified place of compliance and avoiding common mistakes regarding remote depositions and subpoenas.

2. Detailed Deposition Notices: A deposition notice should include the essential details (who, what, when, where, and why) and comply with applicable state laws.
3. Chain of Custody: Follow proper safeguards to ensure the integrity of video recordings and adhere to the Federal Rules’ standards for admissibility.

The Importance of Proper Certification in Depositions

Certification isn’t just a formality—it’s a critical requirement for ensuring the admissibility of deposition records in court. In a recent case, a party attempted to submit an uncertified Zoom deposition as evidence, only to have it denied by the court. The reason? It didn’t meet the procedural requirements for proper certification.

Under the Federal Rules of Civil Procedure, recordings of depositions must be certified by an authorized officer—such as a court reporter or certified videographer—who administers the oath and verifies the accuracy and integrity of the recording. Without this certification, the court cannot guarantee that the testimony was recorded correctly or that it hasn’t been edited or tampered with..

Certification protects the chain of custody and establishes the reliability of deposition records, making it an indispensable part of any admissible testimony. Don’t leave your case vulnerable to technicalities—ensure every deposition meets the proper certification standards.

Video Recording and Evidence

In virtual depositions, video recording is a crucial aspect of capturing witness testimony. A video recording can serve as a valuable piece of evidence in legal proceedings, providing a visual and auditory record that complements the written transcript.

Troubleshooting and Support for Video Recording

Even the most well-planned virtual depositions can encounter technical issues with the audio or video. Here’s how to stay prepared:

1. Backup Plans: Have a secondary recording device or technical support team present or on standby to address connectivity issues or audio/video delays. This way, the testimony won't be interrupted for too long.
   • In a recent legal case, a party's request to use an uncertified Zoom deposition as evidence was denied by the court. This highlights the importance of adhering to procedural rules for recording depositions. Without proper certification by an authorized officer, the recordings cannot be deemed admissible in court.
2. Technical Assistance: Ensure that your transcription or deposition platform offers robust support to resolve technical glitches quickly.
3. Litigation Consultants: Hiring a consulting service can take the stress out of managing technical logistics, allowing you to focus on legal strategy.

FAQ: Virtual Depositions for Attorneys

1. What is a virtual deposition?
A virtual deposition, also known as a videoconference deposition, is a sworn testimony conducted via video conferencing platforms like Zoom, allowing participants to attend from different locations. It carries the same legal weight and procedural importance as traditional depositions, requiring proper virtual deposition notices and adherence to technical requirements for successful execution.

2. What equipment do I need for a Zoom deposition?
You’ll need a computer or tablet, a stable internet connection, and a secure platform for video conferencing and transcription.

3. How can I ensure the deposition runs smoothly?
Conduct a test Zoom videoconference beforehand and use a distraction-free platform to ensure remote depositions run smoothly.

4. What are the Federal Rules that apply to remote depositions?
Rules 28 and 30 govern remote depositions, including requirements for oaths, video recordings, and chain of custody for admissibility. These rules apply to Zoom calls functioning as remote depositions.

5. How can I minimize technical issues?
Prepare a backup plan with secondary recording devices and ensure technical support is available during the deposition.

6. How do I instruct the deponent for a remote deposition?
Advise them to be alone in a quiet room, focus solely on the screen, and refrain from speaking to others or referencing outside materials during the deposition.

7. What happens if technical issues disrupt the deposition?
If Zoom calls are disrupted, pause proceedings, troubleshoot the problem, and rely on backup devices or support teams to resolve the issue quickly.