Remote Deposition FAQ

  1. What is a Barkley (Certified/Sound) Remote Deposition and how does it work?

Barkley’s Remote Deposition technologies enable deponents, clients, subject matter experts and co-counsel to virtually join a deposition, mediation, arbitration or other client meeting.  Although all the participants may be in different locations, you meet face-to-face easily and safely--without the travel or meet in a conference room.  Barkley’s Remote Deposition service is a platform that combines videoconferencing, audio teleconferencing, and shared screen technology for exhibit documents to be seen by the other parties onscreen.

  1. Do I need special equipment to participate in a remote deposition?

No. All that is needed is high-speed internet access and a camera enabled desktop computer, laptop, tablet, or smartphone with a webcam and microphone.

  1. Is the connection secure?

Yes. The video conferencing platform utilizes strong encryption ensuring a secure connection while in the video conference.  Advanced Encryption Standard (AES) 256-bit algorithm protects all data content and the network connection to the platform is encrypted using 256-bit TLS encryption.

  1. Is a Remote Deposition acceptable under California law?

Yes. Governor Newsom has issued an executive order (https://www.gov.ca.gov/wp-content/uploads/2020/03/3.27.20-N-38-20.pdf) that allows for remote depositions in every case.  The law, CCP 2025.310(b), had previously required that parties be deposed in person. The governor’s order did not address that the reporter can administer the oath remotely.  So, to be safe, include that in the notice; or better still, enter into a stipulation to cover it.  We also suggest that you say in the notice that you will be conducting the deposition using videoconferencing technology.  Also, notify the witness.

  1. How are exhibits handled in a Remote Deposition?

Exhibits can be handled in several ways.  The methods below are the most popular.

    1. Exhibits can be brought up on the screen for all the participants to see. You can also annotate on the on-screen exhibit.
    2. Exhibits can be uploaded into a chat window for the other participants to download the exhibit to their computer and open the document locally on their own computer.
    3. Exhibits can be emailed in advance to all parties and they can be asked to refer to the document on their own computer when you introduce the document in the remote deposition.
    4. After the deposition is over, the deposing attorney can email all the exhibits that were introduced to the court reporter.
    5. Prior to the deposition, send all exhibits to parties and witness by mail in a sealed envelope with instructions not to open until instructed by the noticing attorney at the deposition.

  1. 6. Are there any technical tips you can give me?

Yes.  We recommend the following technical tips.

    1. You’ll need to use a device with a built-in webcam or use an external webcam. You can use a computer, iPad, or cellphone.
    2. Close as many browser windows and programs as possible. Only keep open the ones you’ll need during the deposition. This will prevent an interruption or lag in streaming.
    3. Make sure you have good bandwidth/internet speed at your location. You can check this with your internet provider.
    4. If testing reveals problems with your computer audio, you can call into the videoconference via the telephone number provided by the videoconferencing platform.
    5. Be sure to turn off all notifications on the device you are using for the videoconference, so your stream isn’t interrupted.
    6. A hardwire connection to the internet is the best option (instead of Wi-Fi), if possible.
    7. If you have a speakerphone available, use that.
  1. Do you use artificial transcription technology for Remote Depositions?

No.  Barkley uses certified stenographic court reporters for all Remote Depositions.  Our court reporters average 12 plus years of experience. Many specialize in practice areas such as business, medical malpractice, intellectual property, construction defect, real estate, international, and employment law litigation. We also have court reporters that can help you with introducing exhibits electronically.

  1. I like to have the realtime transcript on my computer during in person depositions so that I do not have to ask the court reporter to read back testimony. Can I do this in a Remote Deposition?

Yes.  We provide a wide range of options for you to have the realtime transcript streamed to your main computer or to a second device, like an iPad.

  1. Do you have Interpreters available for remote depositions?

Yes. We provide certified interpreters through our language division, Verbatim. Verbatim offers consecutive or simultaneous interpreting for nearly every language and dialect. We match the specific skill sets of our expert interpreters to your distinct needs.

  1. How do I schedule a Remote Deposition?

You can call 800-222-1231 to schedule your next Remote Deposition or you can schedule online at https://barkley.com/schedule-a-deposition/

If you have additional questions prior to scheduling your deposition, please contact us for a free consultation. We will assist you with ordering the services you need and ensure that you are set up with everything you need for the deposition.

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