Videotaped Depositions Are the New Norm in Litigation
If you have not previously been involved in a lawsuit, you may ask yourself “what is a deposition?” A deposition is a process by which attorneys gather information for a case. The deponent (witness) being questioned may be providing information through their account of events, their testimony as an expert, etc. The deponent is placed under oath by a court reporter and asked a series of questions by the “taking” attorney. These depositions are also often recorded by a videographer, so that certain video clips may be played to the jury at the time of trial.
What to Expect During a Deposition
A deponent typically receives a notice of deposition—usually from opposing counsel—informing them of the date, time, and format of the proceeding. The attorney who schedules the deposition is referred to as the “noticing attorney.” At the start of the deposition, once the witness is sworn in, the noticing attorney usually provides a brief explanation of the process and emphasizes the need for clear, verbal responses to ensure an accurate record. Non-verbal gestures like nods or hand signals are discouraged. The attorney will also stress that the deponent is under oath and must answer truthfully, just as they would in a courtroom.
Before the COVID-19 pandemic, depositions were almost always conducted in person—typically in a law office conference room with all parties, including attorneys, the court reporter, and sometimes a videographer, present. Today, remote depositions have become the norm. They follow the same legal procedures but are conducted via Zoom or similar video conferencing platforms.
Remote depositions offer several advantages. They eliminate the need for travel, reducing time and expenses for all parties, and ultimately help lower overall litigation costs. The noticing attorney’s deposition notice now includes instructions on joining the video platform, such as how to download the necessary app and prepare for the virtual setting.
Once the remote deposition begins, the deponent is sworn in, and the court reporter transcribes the testimony just as they would in person. Afterward, a physical transcript is prepared and can be submitted into evidence at trial as usual.
Proper preparation is key to a successful deposition. Attorneys often meet with their clients beforehand to review potential questions, discuss strategy, and explain what types of questions they may or may not need to answer. This helps ensure that the deponent feels confident and avoids making misstatements or volunteering unnecessary information.
It’s important to understand that depositions are not just informal conversations—they are formal proceedings with real legal weight. Everything said during a deposition is recorded and can be used later in court. Inconsistent or inaccurate testimony can harm a case, so deponents are encouraged to listen carefully, answer honestly, and never guess if they’re unsure of an answer.
We are in a new world and we must all embrace technology to keep our cases moving forward despite our surroundings. Video depositions are convenient and save time and money. I believe that they are here to stay, even after the pandemic.
You may contact us for a free consultation at:
Hicks Law Firm
765 The City Dr S.
Suite 120 Orange, CA
(949) 541-9944
aaron@hickslawfirm.com
www.hickslawfirm.com
Aaron Hicks is a civil trial attorney and founder of Hicks Law Firm, based in Orange County with offices in San Diego and Tennessee. His practice includes representing plaintiffs in personal injury cases including motor vehicle accidents, premises liability, dog bites and wrongful death. Mr. Hicks is and AV Rated attorney, Super Lawyer and is currently on the Board of Directors of the Orange County Trial Lawyers Association where he serves as 1st Vice President.
