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The Huseby Journal

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.

For more helpful tips & insights on remote depositions, visit your Remote Deposition Resource Library or The Huseby Journal.


Related Articles

Top 5 Exhibit Handling Frequently Asked Questions

This week, we are diving into the top 5 exhibit handling FAQs that we’ve encountered.  Since COVID-19, we have all had to adjust to different kind of normal and that has been no different during a deposition.  One of the biggest questions clients have had is how to exhibits.  With social distancing guidelines in place, the idea of passing around exhibits seems counterproductive.  That’s why we’ve created this brief FAQ. 

Whether your deposition is being conducted virtually, in-person, or a combination of the two you can be confident with Huseby that it will be conducted successfully.  So, let’s dive into our FAQs below. 

In-Person Depositions

How do I handle exhibits while maintaining social distance?

We recommend wearing gloves when multiple people are handling the same physical exhibit, but ideally providing separate copies of exhibits to each party, deponent and court reporter allows for a properly socially distanced room and exhibits are handled individually.

If opposing counsel is remote, how do I provide a courtesy copy of exhibits?

We have provided you a few options below:

·       Email all exhibits directly to opposing counsel prior to the deposition

·       Email each exhibit to opposing counsel as hard copies are introduced at the deposition

·       Send hardcopy exhibits in individually sealed envelopes labeled with an identifier with agreed upon instructions to only open each envelop as the exhibit is introduced.

·       Present exhibits electronically using the HusebyConnect exhibit presentation module and opposing counsel can view remotely.

Remote Depositions

How do I present exhibits remotely?

You have options! If you prefer having all the “bells and whistles” at your fingertips, using HusebyConnect, exhibits can be presented, annotated, stamped confidential and marked with an exhibit sticker – all in one platform. Previously marked exhibits can also be introduced from the exhibit history. If you prefer a simpler platform, using RingHuseby, exhibits can be pre-marked and screenshared with ease.

How do I provide a courtesy copy of exhibits to opposing counsel?

Using the attorney file share feature in HusebyConnect allows you to electronically “hand” a courtesy copy to opposing counsel as new exhibits are introduced. With RingHuseby, most clients email each exhibit to opposing counsel as they are introduced.

Do I need to provide pre-marked exhibits to the court reporter before the deposition?

With HusebyConnect, there is no need to send pre-marked exhibits to the court reporter or opposing counsel prior to the deposition as you can easily upload, mark and save exhibits on-the-fly. The chain of custody is very similar to hard copy exhibits. As exhibits are marked, a copy is automatically sent to the reporter to produce with the record.  For more helpful tips and insights, visit The Huseby Journal at www.huseby.com/blog or check out our white papers at www.huseby.com/downloads.

To see more about all the steps we’re taking at your local Huseby office, click here.  To see how it’s possible to conduct a successful deposition from wherever you are, click here.  Contact us today to schedule your next proceeding! (800) – 333 – 2082 or calendar@huseby.com

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Huseby’s Remote Deposition Exhibit Management Solutions

We have certainly seen a lot of changes and new ways of doing things in 2020 and along with those changes Huseby has spent a lot time and effort ensuring our clients were able to continue business as usual as much as possible. To do that we are creating and innovating new remote deposition solutions every day. This week, we are focusing on remote deposition exhibit management solutions.

Huseby’s remote deposition solutions empower you, the attorney, to have all your exhibits instantly accessible during your deposition and provides you greater flexibility introducing exhibits to the deponent and opposing counsel. You control exactly what part of an exhibit the deponent sees and when.

Huseby’s remote electronic exhibit management solutions take out the need for sending exhibits ahead of the deposition to all parties and the deponent--saving you and your team money, time, while also maintaining the element of surprise. We do all this with the idea of keeping you in control of your files.

Huseby FileShare provides you the ability to electronically hand participants in the virtual deposition room a downloadable copy of a file as it is being presented on the screen. FileShare allows you to seamlessly manage files at each deposition electronically and display on-screen in real-time.

Most of all, our solutions deliver flexibility and provide you peace of mind.

Download Huseby’s FileShare User Guide here. The software also offers several additional features. We have also provided you with a few highlights of these features. Check those out below.

Case Level Folder and Exhibit Subfolders

Your Private Exhibits: Private folder for you and your team to upload files prior to the deposition.
Shared Exhibits: Shared folder where you will move files exhibits during the deposition to provide access to other attendees.


Exhibit Folder Options

You can upload new exhibit files (any type).
Create subfolders to help keep your files organized.
Take and save notes for the team reference.
Easily add URL links for direct reference.
Before and after sharing your exhibits, the option to easily edit file names.


Folder Level Permissions

Easily upload and download files.
Opt-in to receive alerts when new files are added or moved in your folders.
Opt-in to receive alerts when files are downloaded by any user to preserve chain of custody.
You have the ability to set file retention policies.


We’ve been working hard to provide you with different tools and resources!

Click here to see our Top 5 Exhibit Handling FAQ blog. This provides you with suggestions for in-person and remote depositions.

Wondering rather electronic exhibits are right for you? See our Five Advantages of Huseby’s Electronic Exhibit Solutions.

Whether RingHuseby or HusebyConnect, or another preferred platform, we’ve got you covered when you decide to start conducting remote depositions. Need to schedule a deposition or have questions? Live chat with your local market manager today by clicking here.

Give us a call or send us an email today! (800) – 333 – 2082 or calendar@huseby.com

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