Top 3 Exhibit Questions for Remote Depositions
If someone had told us at the beginning of 2020 that most, if not all, depositions taken that year would be done remotely, we would have curiously looked at that person as though they had grown a second head. But that has become our reality, our “new normal”.
While necessity is the mother of innovation, attorneys have been tasked during the COVID-19 pandemic crisis with not only using their existing expertise to represent clients navigating litigation during these challenging times when we can't be physically present at the deposition, they also have needed to fully develop skills previously reserved for only extraordinary circumstances. One such skill is how to effectively and seamlessly take and defend depositions in a remote and socially distanced world.
Now, remote depositions are mainstream, and attorneys have needed to learn a new skill set to participate in the deposition. While many attorneys are hesitant, learning remote deposition skills is essential to being able to afford clients proper representation.
In previous remote depositions, the parties typically agreed in advance to the parameters of the deposition, exhibits were frequently sent in advance to a court reporter, who was in the same room as the deponent, and the deponent was shown the exhibits by the reporter as the deposition progressed. But in this COVID-19 era of fully remote depositions, the luxury of having the exhibits shown to the deponent by the reporter is limited, as the reporter and the deponent are not in the same place.
There are various ways to introduce exhibits at remote depositions. To see the top 3 questions, Huseby’s found, to consider when presenting exhibits during your remote depositions, see below.
HOW DO I PRESENT EXHIBITS?
When determining which Huseby platform fits your exhibit presentation needs best, consider the following:
1. How complex is my case?
Do you have just a few files or is your case document-intensive? How document intensive and other factors, such as large exhibit files and non-PDF file formats (such as Excel, Word, and video), can play a part in determining which platform is best suited to your needs.
2. Are the parties involved, including the deponent, tech-savvy?
HusebyConnect and its robust exhibit sharing and mark-up capabilities make it a great choice when matched with parties who are a bit more comfortable with technology and have the ability to test their system beforehand. RingHuseby is a great option for those looking for a simpler, more straightforward platform that is easy to navigate on any device, including iPad/tablets and smart phones.
3. Do you want to be more “interactive” with your exhibits?
Is the ability to annotate and mark your exhibits electronically during the deposition valuable to you? HusebyConnect allows you to be more interactive with your exhibits, including saving annotation, stamping confidential and mark as you go with an exhibit sticker.
HOW DO I PROVIDE COURTESY COPIES?
There are several options to provide courtesy copies of exhibits:
Huseby FileShare, with RingHuseby, is a secure, electronic case folder system that provides you the ability to electronically “hand” participants a downloadable copy of a file as it is being presented on the screen.
HusebyConnect features a built-in Attorney File Share module that allows you to electronically “hand” a courtesy copy to opposing counsel as new exhibits are introduced.
Email copies of pre-marked exhibits you plan to use during the deposition to all parties all at once, or as you present them on the screen.
To see a recent HusebyConnect demo that focused on presenting exhibits remotely, check out our video below.
HOW DO I MANAGE PREVIOUSLY MARKED EXHIBITS?
Both of Huseby’s platforms provide the ability to access previously marked exhibits during your deposition:
With HusebyConnect, previously marked exhibits can be accessed in your HusebyConnect Portal.
With Huseby FileShare, you can access previously marked exhibits within your shared folder, in addition to tracking chain-of-custody and receiving email alerts when a document has been accessed and downloaded.