Preparing for an Online Deposition
Drafting Your Notice
Ensure that your notice complies with the Florida Rules of Civil Procedure and provide ample notice to all parties of your intent to use online videoconferencing technology. If you intend to use the video from the videoconference stream, also provide notice of such intent.
Here is a sample notice that reflects those commonly used by our clients so far:
Please take notice that the Plaintiff, through counsel, will on April 30, 2020, at the hour of 9:00 a.m. EST, proceed to take the videotaped deposition of Joe Smith, M.D. via Videoconference with Zoom videoconferencing technology, to be used as authorized by the Rules of Civil Procedure. The court reporter will be performing notarial acts via communications technology, specifically Zoom videoconferencing technology. Please contact the noticing attorney or court reporter at least two (2) calendar days prior to the deposition if you have not received the necessary credentials, videoconferencing links and call-in numbers. Testing and support, if necessary, can be provided to you prior to the proceedings. The undersigned intends to record the videoconference and use the video as permitted by the Rules of Civil Procedure.
Test Your Videoconference Links
Our Scheduling team will send all attorneys and the witness a link to their online deposition within one day of receiving your notice. Take the time to test the link in advance. Call us with questions. We offer free training on Zoom, WebEx, Remote Counsel and many other online videoconferencing platforms.
Prepare Exhibits
Ensure that you have converted all possible exhibits to PDF or other electronic format. We encourage you to send a copy of all possible exhibits to Milestone and we can upload them to the videoconference as you direct during the deposition.
Consider Breakout Rooms
We can create breakout rooms for you to speak to your colleagues and/or witnesses during breaks. Just let us know in advance how many rooms you will need.
Consider Second Camera
If you have concerns about the witness communicating with third parties during the deposition, we can set up a second camera to record the room from which the witness is participating.
Stipulations
All parties can stipulate on the record to no third-party communications during the deposition, admissibility issues, etc
Connect Early
Depending on your comfort with the technology, we suggest you connect to the deposition between 15-30 minutes before it begins. This allows us to correct any problems that may arise before your scheduled start time.
