Remote Deposition Resources
LNS is honored to have earned the trust and confidence of clients locally and nationwide. Although taking depositions by videoconference has gained in popularity during the pandemic, LNS has been offering this service for decades. We have the experience and expertise to assist clients as they learn how technology can benefit their practice of law.
We have recently increased our capacity, added features, and have dedicated videoconference specialists to assist you in moving your cases forward in these unprecedented times.
Download our LNS Services: Depositions in the time of COVID-19 flyer here
Download our LNS Mobile by Zoom – Best Practices flyer here
OREGON AND FEDERAL RULES/LAWS
May parties take remote depositions in Oregon?
Yes. Pursuant to ORCP 39C(7), depositions may be taken remotely.
C(7) Deposition by telephone. Parties may agree by stipulation or the court may order that testimony at a deposition be taken by telephone. If testimony at a deposition is taken by telephone pursuant to court order, the order shall designate the conditions of taking testimony, the manner of recording the deposition, and may include other provisions to assure that the recorded testimony will be accurate and trustworthy. If testimony at a deposition is taken by telephone other than pursuant to court order or stipulation made a part of the record, then objections as to the taking of testimony by telephone, the manner of giving the oath or affirmation, and the manner of recording the deposition are waived unless seasonable objection thereto is made at the taking of the deposition. The oath or affirmation may be administered to the deponent, either in the presence of the person administering the oath or over the telephone, at the election of the party taking the deposition.
Is there a similar rule for federal cases?
Yes. FRCP 30(b)(4) states the parties may stipulate, or the court may on motion order, that a deposition be taken by telephone or remote means. Pursuant to Rule 28(a)(1)(A) and (B), the oath is administered in the place of examination or by a person authorized to administer oaths where the action is pending.
Do I need to alter the Notice of Deposition for a remote deposition?
Yes. See the sample language below. You may even want to include the videoconference connection info as an exhibit to the Notice:
To you and each of you, please take notice that plaintiff, by and through her attorney, Jane Doe, will take the deposition of John Smith, beginning at 9:00 a.m. on June 1, 2020, via videoconferencing. Said deposition will be by stenographic means before a person qualified to administer oaths, [and by a videographer,] and will continue until completed or adjourned.
Do court reporters need to be a Notary Public in Oregon to administer an oath?
No. ORCP 38 and 39 provide that Oregon Certified Shorthand Reporters (CSRs) can administer an oath taken in Oregon. A deposition is considered to be taken in Oregon if either the deponent or the person administering the oath is located in this state.
May an Oregon Certified Shorthand Reporter administer an oath remotely?
Yes. Pursuant to ORCP 39C(7), parties may agree by stipulation or the court may order that testimony at a deposition be taken by telephone. If no stipulation is made or there is no court order, objections are waived unless seasonable objection thereto is made at the taking of the deposition. [NOTE: Unlike other states, the CSR is not mandatory in Oregon but is voluntary. Therefore, not all court reporters are CSRs.]
May an Oregon Notary Public administer an oath remotely?
No. Pursuant to ORS 194.235, a Notary Public must be in the presence of the deponent.
Can trials be conducted remotely?
Yes. Since the Stay Home order was issued by Oregon’s Governor Brown, LNS has set up/participated in several trials before reference judges. These judges are very familiar with this technology and keep cases moving forward during these unprecedented times.
How do I schedule a videoconference with LNS?
Call us at 503-299-6200, email us at depos@LNScourtreporting.com, or schedule online via our website, www.LNScourtreporting.com, and indicate you would like videoconferencing.
We then will:
- email you a confirmation with a weblink and directions for connecting to the call
- request that you schedule a test call with our videoconference specialist to qualify your connection and equipment
- ask for email addresses of all participants so we may send them the connection info and schedule a test call with them too
- send everyone our LNS Mobile by Zoom – Best Practices flyer
What may I expect during the test call?
We will walk through:
- connecting video via your device
- connecting audio via your device or by phone
- how to adjust your display
- how to mute your audio
- how to Share My Screen
- how to File Transfer via Chat
- strategies for tracking exhibits
- whether you would like a virtual Breakout Room and practice its use
I have been using Zoom regularly throughout the pandemic. Do I really need to test?
No. Just assure us that you do not require a test call, and you’re good to go.
What videoconferencing platform do you recommend?
LNS Mobile uses the Zoom platform. This is the platform we recommend. We have tested several others and have found Zoom is now the most secure, stable, reliable, widely used, and has the most user-friendly features. We are also happy to attend videoconferences using other platforms that you prefer to use, such as WebEx, AdobeConnect, etc.
Is there a tutorial for Zoom I can view that will help me with remote depositions?
Should I conduct a speed test of my Internet?
Yes. Test your bandwidth at google.com and type in “speed test” in the search field, then click “run speed test.” Minimum bandwidth is 600kpbs (up/down); recommended is 1.5 Mbps (up/down).
What if we run into a technical problem during the videoconference?
Our on-staff videoconference specialist logs in at the beginning of each call to ensure all participants are connected and have no questions. He will monitor the call via our Zoom dashboard and can log in to answer questions or is available by phone throughout.
Can exhibits be shared in Zoom?
Yes. There are several options:
- If you have 3 or fewer exhibits, you may email your documents to LNS via encrypted email at depos@LNScourtreporting.com at least 3 days in advance of the deposition, and the court reporter can share the documents with the participants at the time they are introduced.
- You may ship paper copies to LNS at least 5 days in advance of the deposition, and we will scan/upload for sharing and give the paper copies to the court reporter.
- You may share documents from your device using the Share My Screen
- You may send a link to the document on your device in the Chat feature for participants to download the document.
- We are happy to practice these options with you during the test call.
Is Zoom secure?
- Passwords are randomly generated and unique to your Zoom meeting; they have not been used before.
- All participants will be in Waiting Room until host/court reporter admits them.
- Once all participants are admitted, host/court reporter will “lock” the meeting.
- New 5.0 platform with systemwide account enablement to AES 256-bit GCM encryption.
Is there anything I need to do to keep my Zoom videoconference secure?
- Do not share the Meeting ID and Password with others.
- Do not take a photo of the videoconference screen and share in social media.
Can I meet privately with my client during the videoconference?
Yes. We can set up secure virtual breakout rooms for all. We can demonstrate this feature during your test call.
GETTING STARTED WITH ZOOM
You will need:
- Laptop/tablet/smartphone with webcam
- Robust internet connection, preferably hard-wired
- Have the latest version of Zoom installed; available here