3 Tips on How to Give a Successful Deposition
A successful deposition is vital to any legal proceeding, whether ultimately won or lost. Three elements guaranteeing the best outcome? Assembling the right team, preparing, and communicating clearly are simple, effective elements that guarantee the best possible outcome. Here are a few tips on how to give a successful deposition—whether you are an attorney, court reporter, or other legal professional.
3 Key Elements: How to give a successful deposition
1. Talented, Tested Legal Support Staff
A well-qualified court reporter is crucial to a productive deposition. Without one to accurately record the proceedings, the deposition may as well not have occurred at all. Attorneys rely on the accuracy of the record. They should be able to ask for an instant rough draft upon request. But, not all court reporters are created equal. What makes an exceptional court reporter?
Excellent court reporters:
- Meet deadlines
- Come prepared and on time
- Have familiarity with relevant topics, materials, and vocabulary
- Can provide a draft of the record on demand
- Ensure a final transcript on time, even if expedited delivery is required
KEEP A GOOD AGENCY AT HAND. A reputable court reporting agency ensures the court reporter is professional, qualified and has a strong reputation. It’s in their interest to keep only the best talent and check accreditation and skills. Working with an agency also ensures that alternate court reporters are available at all times should illness or other problems arise.
In addition, a court reporting or deposition agency can provide a legal videographer if needed. Videographers add a high definition record of the proceedings, which can help understand witnesses or allow a new dynamic to discovery and building a case. Video setup for a deposition can be specific, so a professional is highly recommended. Quality video is especially important in international depositions. Foreign witnesses frequently cannot be compelled to testify physically in the U.S. Due to that, a video record of their deposition can be used in court.
A good agency can also reserve conference rooms, or videoconference facilities, interpreters, and assist with multiple logistical tasks.
2. Thorough Preparation: Informed Reporters and Interpreters
MAKE SURE THE COURT REPORTING AGENCY HAS COPIES OF ALL APPLICABLE NOTICES, COMPLAINTS, AND ANY CASE-RELATED MATERIALS. Thorough preparation for the deposition is compulsory. Attorneys prepare their witnesses and questions diligently. It bears out (and is all too often overlooked) to prepare court reporting professionals. If specialized topics and jargon are part of the case, an agency can procure reporters and interpreters who have familiarity with the subject matter. Disclosure allows for heightened accuracy and speed for professional support staff.
If an interpreter is required, ensuring these materials are with the interpreter at least a week beforehand will aid the interpreter tremendously at the deposition. Nonetheless, not any court reporter or interpreter will do in all cases. Even native speakers may not be familiar with a subject matter, such as political speak or financial terminology. Having an extensive vocabulary can bolster court reporting professionals. Agencies have familiarity with their team, including specific strengths and skillsets.
Just as attorneys need to prepare for a deposition, the court reporting team needs to prepare in advance, familiarizing themselves with names and terminologies. This all builds the foundation for a smooth deposition.
3. Clear Communication
Clear communication with the court reporting agency is essential. If you are an attorney, make sure to answer any questions they have, such as expected duration (especially if they are reserving the location on your behalf!). If they have a Standing Order Form, take advantage of this great tool to convey your delivery expectations of the transcripts, video, or any arrangements. Be clear with when and to whom materials should be delivered. Ask questions to ensure no detail is missed, everyone is on the same page, and there are no ugly surprises down the road.
If you are a court reporter, interpreter, or other staff member it is equally important to be clear in your communication and ask any relevant questions. If you are uncertain of your ability in a specialization, talk to your agency or the legal team to ensure the right fit.
As the proceedings go on, keep the lines of communication open, notifying of schedule changes, cancellations, attorney changes, added depositions in the case, et cetera.
Even if the depositions are taking place overseas, these three steps apply, leaving the court reporting agency in a position to guide you through the process. Planet Depos covers complex matters throughout the world and has over 50 offices worldwide.
Contact Planet Depos: scheduling@planetdepos.com or international@planetdepos.com to schedule coverage for your proceedings.