There are cases, such as a witness who lives out of state, where one or more of the parties involved in legal depositions attend the proceeding over the phone. Court reporters offering deposition services under these circumstances need to take special precautions to ensure a complete and accurate record is made.
Preparing for Telephonic Depositions
Telephone legal depositions can be easier to schedule since parties don't have to take travel time into account and find it easier to fit the proceeding into their schedules. Participants should be advised it still a formal proceeding and they will be expected to act accordingly.
Telephone depositions should be arranged well in advance so necessary materials such as exhibits can be distributed to all interested parties. Deposition reporters may need specialized word lists or other materials from the attorneys involved and reporters should ensure all materials have been received before the deposition begins.
The conference call should be set up and all parties notified of proper procedure to connect to the call. Once everyone is present, the deposition can begin.
Administering the Oath
Although attorneys may be able to attend legal depositions by phone, court reporters rarely can because they are required to administer the oath to the deponent. The rules vary by jurisdiction and can be complicated if the rules of the deponent's state differ from the rules of the attorney's state.
Some jurisdictions allow court reporters to administer the oath over the telephone while others allow a notary public, not necessarily a certified court reporter, in the presence of the witness to administer the oath. In states such as New York, court reporters must administer the oath in person. As in many legal matters it is better to be too strict than not strict enough so it is generally a good idea for the court reporter to be present with the witness.
The Deposition Itself
Telephonic legal depositions present unique court reporting challenges. When parties use speaker phones they may be cut off if they are not speaking loudly enough or if someone else starts talking. This makes it hard for reporters to create accurate records.
When two people talk at once, even if not on speaker phones, is it difficult to record both statements accurately and it is harder to attribute statements to the correct parties than it is in person. Court reporters should not hesitate to break in and ask for clarification.
Reporters should advise participants that when someone interrupts the flow of the deposition, such as an opposing attorney raising an objection, the speaker should identify himself first so the reporter can attribute the remark correctly. At the end of the proceedings, reporters should get needed information before participants hang up. This can include spelling of names, clarification of information or transcript requests.
Telephonic legal depositions are the exception rather than the rule, but they do happen and reporters need to be prepared to document them correctly.
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