Remote Depositions Are Here to Stay: Are You Ready?

Remote depositions were not invented by the pandemic, but COVID-19 transformed them from an occasional convenience into a standard feature of legal practice. What began as a necessity has become a preference for many litigators, and for good reason. Virtual depositions reduce travel costs, often put deponents more at ease than in-person depositions, and in many cases make it easier to manage opposing counsel dynamics without the friction of a shared physical space.

But the efficiencies of a remote deposition come with a distinct set of technical and procedural demands. A dropped internet connection, a malfunctioning webcam, an exhibit that cannot be shared cleanly on screen, or a deponent receiving off-camera coaching can derail a deposition as effectively as any legal dispute, and cost you time you do not have.

The following remote deposition tips are designed to help legal professionals at every level prepare thoroughly, execute confidently, and protect the integrity of the deposition process in a virtual environment.

A Quick Overview of Deposition Rules in the Remote Context

Depositions are sworn statements made outside of court, taken in the presence of a court reporter and governed by Rules 30 and 31 of the Federal Rules of Civil Procedure (FRCP). They can be taken in-person or virtually, and the procedural rules that apply to in-person depositions apply equally to remote depositions, with a few additional considerations unique to the videoconference format.

The deponent must generally answer all questions asked, even over objection from their attorney. There are narrow exceptions: an attorney may direct their client not to answer when a question calls for privileged legal advice, when the information is both irrelevant and private, or when a court order already addresses the matter. These rules do not change in a virtual deposition, but enforcing them requires different vigilance when participants are not in the same room.

The American Bar Association and various state bars have issued guidance on remote deposition practice, and many jurisdictions now have standing orders or local rules specifically addressing virtual legal proceedings. Litigators should confirm the applicable rules in their jurisdiction before the day of the deposition.

Tip 1: Lock Down Your Internet Connection Before Anything Else

The foundation of any successful remote deposition is a stable, high-quality internet connection. Video conferencing is bandwidth-intensive, and a weak or inconsistent connection will degrade audio and video quality, cause glitches that interrupt questioning, and potentially compromise the deposition record.

If you have any doubt about your Wi-Fi reliability, use a wired ethernet connection instead. Many newer laptops no longer include an ethernet port natively; if yours does not, an ethernet adapter is an inexpensive and worthwhile investment for any attorney conducting virtual depositions regularly. A wired connection is simply more stable than Wi-Fi under deposition conditions.

Security matters as well. Confirm that your internet connection is password protected, and add a password to your video conferencing room when you create it. Most platforms (Zoom, WebEx, and others) offer this as a standard option when scheduling a meeting. A password-protected conference room prevents unauthorized access to what is, functionally, a legal proceeding.

Ask all participants (including the deponent, opposing counsel, and the court reporter) to confirm their own internet connection quality before the deposition date. A single participant with an unstable connection can affect the entire proceeding.

Tip 2: Do a Full Technology Test Run at Least 24 Hours Before

A remote deposition is allotted the same amount of time as an in-person deposition, and that time is not expandable because your video conferencing platform failed to load. Technical preparation is not optional; it is part of competent deposition practice.

At least one day before the deposition, conduct a complete test run of your setup using the exact link you plan to send to opposing counsel and other participants. Confirm that the link routes to the correct conference room, that your webcam and microphone are functioning, that your screen share functionality works, and that any electronic exhibits you plan to use during the deposition display correctly in the platform.

If you plan to use more than one computer or device (for example, an iPad for exhibit reference alongside your primary laptop), test all of them. Confirm that your video conferencing platform is updated to its current version on every device you intend to use. Outdated software is one of the most common sources of avoidable technical glitches on the day of the deposition.

If you are using a court reporting service that provides its own remote deposition platform, coordinate with the court reporter in advance to ensure that your test run includes their specific system and any real-time features (such as real-time transcript streaming) that you plan to use during the deposition.

Tip 3: Close Everything That Is Not the Deposition

Running background applications on your computer during a video deposition consumes processing power and bandwidth that your video conferencing platform needs to function at full quality. Email, browser tabs, file sync applications, and notification systems can all degrade audio and video performance, sometimes dramatically.

Before the deposition begins, close every application that is not directly necessary for the proceeding. Silence all notifications. Put your phone on do not disturb. If you are using a phone number dial-in as a backup connection, test it in advance but keep it muted unless needed.

Ask all participants to do the same. A quick reminder at the start of the deposition (or better, included in the deposition notice or a pre-deposition communication to opposing counsel) that all participants should close unrelated applications and silence devices helps establish shared expectations and reduces the risk of audio disruptions from background noise on another participant's end.

Tip 4: Control Your Background, Appearance, and Environment

A virtual deposition is a legal proceeding on the record. Dress and present yourself exactly as you would for an in-person deposition. The fact that you are appearing via Zoom or WebEx does not change the professional standard, and your appearance on video is often the first impression you make on a deponent you have never met in person.

Your physical background matters as well. Choose a setting that is professional, uncluttered, and free of visual distractions. Background noise is a persistent issue in remote depositions: close doors, silence household devices, and if possible, use a room where you can control the acoustic environment. A headset or directional microphone will produce significantly cleaner audio than your laptop's built-in microphone, which picks up ambient room noise indiscriminately.

Check your lighting before the deposition begins. Natural light from a window facing you is ideal; light coming from behind you will create a silhouette effect on video. If you are frequently conducting remote depositions, a basic ring light or desk lamp positioned in front of you is a low-cost improvement with meaningful impact on how you appear on screen.

Tip 5: Request Documents Well Before the Day of the Deposition

Presenting documents during a virtual deposition is one of the more technically demanding aspects of the remote format. Unlike in-person depositions, where you can hand a witness a hard copy and give them a moment to review it, a video deposition requires screen sharing, electronic exhibit presentation, or advance distribution, and each approach carries its own logistical requirements.

The most reliable approach is to request that all documents be produced and distributed to all participants several days before the deposition. When the deponent, opposing counsel, and the court reporter all have copies of the exhibits in advance (whether as hard copies or electronic files), document presentation during the deposition is smoother, faster, and less likely to consume deposition time in technical troubleshooting.

For electronic exhibits that will be shared via screen share during the deposition, prepare your files in advance: name them clearly, organize them in the order you anticipate using them, and test your screen share functionality to confirm that documents display legibly on the other end. Many video conferencing platforms support annotation tools that can be useful for directing a deponent's attention to a specific portion of a document; test this feature as well if you plan to use it.

Some litigators also use breakout rooms (available on platforms like Zoom) to give deponents and their counsel a private space to confer during breaks, replicating the kind of sidebar access that in-person depositions afford. If you plan to use this functionality, test it during your pre-deposition run.

Tip 6: Address Participant Locations in the Notice of Deposition

Where deposition participants are located is not merely logistical information. It has legal significance under the FRCP and may have implications under state law as well. The notice of deposition should clearly reflect that the court reporter and all parties will appear via video conference, identify the videoconference platform being used, and include login credentials or access instructions.

A stipulation among counsel regarding the remote format (including agreement on the video conferencing platform, exhibit exchange procedures, and real-time transcript access) is advisable and, in some jurisdictions, required. Confirm with your court reporting service whether they require a specific stipulation language for remote depositions and build that into your pre-deposition preparation.

If participants will be joining from different jurisdictions (a common scenario in litigation involving parties across multiple states), confirm the applicable rules in each relevant jurisdiction regarding remote depositions, oath administration, and court reporter qualifications. Some states have specific requirements about where the court reporter must be physically located relative to the deponent.

Tip 7: Guard Against Witness Coaching and Remote Deposition Violations

The remote format creates opportunities for deposition conduct violations that simply do not exist in the conference room setting. A deponent at home may have a phone out of camera view, documents not disclosed to opposing counsel, or another person in the room providing real-time coaching outside the camera frame.

Proactive measures to protect the integrity of the deposition process include requiring all participants to keep their video feed active and remain on screen throughout the proceeding, asking the deponent to show their surroundings on camera at the start of the deposition, requesting that all items be cleared from the deponent's desk before questioning begins, recording the full audio and video of the deposition with notice to all parties, and reminding participants on the record of the rules governing deposition conduct and the consequences of witness tampering or coaching.

Consider using a real-time court reporting service that allows you to monitor the transcript as it is generated; this can help you catch transcript irregularities that may indicate audio interference or coaching activity. Some litigators also request that the deponent confirm, on the record, that no one else is present in the room and that they have no undisclosed documents or devices accessible to them during the deposition.

Tip 8: Prepare Your Electronic Exhibits for the Virtual Environment

Every exhibit you plan to use in a remote deposition needs to be prepared for the specific demands of the virtual format, not just converted to PDF and assumed to be ready. How an exhibit appears on your screen and how it appears on the deponent's or opposing counsel's screen can be very different depending on file format, screen resolution, and platform display settings.

Prepare all electronic exhibits in advance, organized in the order you anticipate using them. Test how each document displays via screen share on your video conferencing platform before the deposition begins. For exhibits that contain fine print, complex diagrams, or multiple pages requiring careful navigation, practice your screen share presentation so that document review during the deposition is efficient and does not consume your allotted time.

If you are using an iPad or secondary device for exhibit reference, confirm that it is fully charged, updated, and accessible without disrupting your primary camera feed or internet connection. Hard copies of key documents are still useful as a backup, particularly for exhibits that are central to your examination and that you cannot afford to lose to a technical failure at a critical moment.

Frequently Asked Questions About Remote Deposition Tips

What Is a Remote Deposition?

A remote deposition is a deposition conducted via video conferencing technology (such as Zoom or WebEx) rather than in person. The deponent provides sworn testimony in the presence of a court reporter, with all participants appearing via video feed from separate locations. Remote depositions are governed by the same procedural rules as in-person depositions under the FRCP, with additional considerations specific to the virtual format.

What Video Conferencing Platform Should I Use for a Remote Deposition?

The most commonly used video conferencing platforms for remote depositions are Zoom and WebEx, both of which support the key functionality required for virtual legal proceedings (including screen share, breakout rooms, recording, and password-protected conference rooms). Some court reporting services provide their own proprietary remote deposition platforms with integrated real-time transcript streaming. The choice of platform should be confirmed with all participants, including the court reporter, before the deposition notice is issued.

How Do I Handle Exhibits in a Virtual Deposition?

The most reliable approach is to distribute all exhibits to participants electronically several days before the deposition, so that everyone has access to the documents before questioning begins. During the deposition, exhibits can be presented via screen share on your video conferencing platform. Prepare all electronic exhibits in advance, test how they display via screen share, and organize them in the order you anticipate using them. For critical exhibits, maintaining hard copies as a backup is advisable.

How Can I Prevent Witness Coaching in a Remote Deposition?

To guard against witness coaching and other deposition violations in a virtual setting, require all participants to keep their video feed active throughout the proceeding, ask the deponent to show their surroundings on camera at the start of the deposition, request that the deponent confirm on the record that no one else is present and that no undisclosed devices or documents are accessible to them, and record the full audio and video of the deposition with appropriate notice. Real-time court reporting can also help you monitor the transcript for irregularities during the proceeding.

What Should a Remote Deposition Notice Include?

The notice of deposition for a remote proceeding should identify the video conferencing platform being used, include access instructions and login credentials, confirm that the court reporter and all parties will appear via video conference, and address the location of each participant to the extent required by applicable FRCP provisions and state law. A stipulation among counsel regarding the remote format, exhibit exchange procedures, and real-time transcript access is also advisable.

How Do I Ensure a Stable Internet Connection for a Remote Deposition?

For the most stable connection, use a wired ethernet connection rather than Wi-Fi whenever possible. If your computer lacks an ethernet port, an ethernet adapter is an inexpensive solution. Confirm your connection quality and security before the deposition, close all unrelated applications, and ask other participants to do the same. Password-protect your video conference room to prevent unauthorized access.

Are Remote Depositions Admissible in Court?

Yes. Remote depositions taken in compliance with the applicable FRCP rules and any relevant state procedural rules are treated the same as in-person depositions for purposes of admissibility. Attorneys should confirm compliance with jurisdiction-specific requirements (including oath administration, court reporter qualifications, and any required stipulations) to ensure that the remote deposition record will be fully usable in litigation.

Advance Your Deposition Practice With NBI

Remote depositions require a distinct skill set, and the legal professionals who invest in developing that skill set are the ones who show up on the day of the deposition prepared, not scrambling.

Join NBI at nbi-sems.com today to explore a full catalog of CLE courses designed to help legal professionals lead, adapt, and thrive in a rapidly changing legal landscape, including Litigation & Appeals CLE Courses, an essential program for any litigator looking to sharpen their deposition practice for the virtual era.