How to Introduce Exhibits at a Remote Deposition

  • How to Introduce Exhibits at a Remote Deposition

    There is no “one right” way to introduce electronic exhibits when taking depositions remotely. How to best manage and introduce the exhibits depends on a number of extenuating factors, including your comfort level with navigating technology while questioning the witness. You should consider your firm’s security measures and procedures; the case and deposition; the deponent’s ease with technology; the type, size and number of exhibits; whether you want to mark the exhibits or need the deponent to mark them.


    Barkley Remote Exhibit Manager Services

    You can use Barkely’s Remote Exhibit Manager services to have all aspects of the exhibits along with a few additional services handled for you, enabling you to focus solely on getting the testimony needed. Your Barkley Remote Exhibit Manager will:

    • Manage who is on screen, optional screen sharing and assigning permissions
    • Provide the court reporter all the exhibits to mark and attach to final transcript
    • Introduce exhibits dynamically–in response to testimony
    • Annotate exhibits in realtime to highlight your line of questioning
    • Capture deponent’s annotations
    • Display spreadsheets and columns of information more clearly
    • Zoom in on key information within an exhibit
    • Ensure privacy with breakout rooms for attorney/client conversations
    Self-Managing of Exhibits

    You can also manage and introduce the exhibits yourself. Common ways that we’re seeing litigators manage and introduce their exhibits for remote depositions include:

      • Shipping Paper Copies
        Some litigators are printing and organizing the exhibits in a binder—just as they do for in-person depositions. They then ship a copy of the binder in a separate, sealed envelope to each party and the deponent. Instructions to, “Not Open Until Directed To Do So During The Deposition” are taped over the seal. At the deposition, deposing counsel asks the deponent and parties in the case to show their sealed envelope.
      • eMailing
        Other attorneys are choosing to email all the exhibits to the parties and deponent right before the deposition or one-by-one as each is introduced. To email them one-by-one, most deposing counsel use a separate device or have a paralegal email them. They may have the paralegal observe the deposition or text them as each one is to be sent.
      • Sending Via Chat
        Most remote technology platforms include a chat. Barkley has disabled the private chat feature to prevent conversing with the witness. However, the public chat can be used to provide links to exhibits and may also allow them to be shared with all the attendees. Many litigators are using this “file share” capability to provide exhibits to attendees one-by-one just before they are introduced.
      • Showing On Screen
        Litigators are also opting to use the “Share Content” feature found in most remote technology platforms to show the exhibits on screen in realtime. Everyone can then view them, which is helpful when a deponent is not tech savvy. This option also keeps deposing counsel in control. Some remote deposition technologies include annotation tools for marking exhibits in realtime as well as allow the deponent to mark them. Consult with your court reporting agency for the functionality available within the platform that you will be using.

    Regardless of how you plan to introduce exhibits, a copy of your exhibits in their numerical order should be provided to the court reporter or Remote Exhibit Manager at least 24 hours in advance. Any last-minute exhibits can be provided the morning of the deposition. Any marked exhibits must also be provided to the reporter or court reporting agency immediately following the deposition.

    To add Barkley Remote Exhibit Manager Services to your remote deposition, call 800.222.1231. Our Calendar team will also be happy to set up a demo. Click here for more information on our Remote Deposition Services.

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