Premier Legal Videographers in San Jose, CA

Legal videography provides a precise, objective record that includes not just spoken words but also non-verbal communication, which can be crucial for assessing witness credibility. High-quality video and audio capture ensure that every detail is preserved, enhancing the evidentiary value of the deposition.

Scheduling with Caption Legal is streamlined to fit your busy practice. Contact us via phone or through our online booking system, providing case details, location, and preferred dates. Our team will handle the logistics, ensuring seamless integration into your case preparation process

We utilize state-of-the-art high-definition cameras, professional-grade microphones, and optimal lighting setups to ensure clear and accurate recordings. Our experienced technicians manage all setup and teardown processes, ensuring minimal disruption and maximal recording quality.

Caption Legal employs secure, encrypted video conferencing platforms to conduct remote depositions. Our services include comprehensive technical support, ensuring all participants can connect smoothly and that the deposition proceeds without technical hitches, preserving the integrity of the testimony.

Participants need a computer or device with a webcam, a reliable internet connection, and a quiet environment. Caption Legal conducts a pre-deposition technology check to verify that all equipment functions correctly and that participants are comfortable with the platform, minimizing the risk of disruptions.

Yes, our remote deposition services employ robust encryption and security protocols to ensure confidentiality and compliance with legal standards. We adhere to industry best practices and legal requirements to maintain the highest standards of security and reliability.

Typically, Caption Legal delivers synced transcripts within a few days of the deposition, depending on the length and complexity of the testimony. For time-sensitive cases, we offer expedited services to ensure you have the necessary materials promptly.

Our synced transcripts are designed to integrate seamlessly with leading trial presentation software. This compatibility allows for efficient case preparation and presentation, enabling attorneys to highlight key testimony and evidence effectively during trial.

 Caption Legal offers expertise across a broad spectrum of legal areas, including civil litigation, criminal defense, family law, corporate disputes, and more. Our team understands the unique requirements of different legal contexts, providing tailored services to support your case strategy effectively.

 Caption Legal handles the logistics of in-person video depositions with precision:

• Location Scouting: We can scout and secure suitable locations for the deposition, whether it’s in a law office, conference room, or other venues.

• Travel Arrangements: Our team coordinates travel arrangements for our technicians and equipment to ensure timely setup and readiness.

• Local Coordination: We liaise with local contacts to ensure all logistical aspects are covered, including room setup, seating arrangements, and any special requirements.

• On-Site Management: During the deposition, our team manages all technical aspects, allowing you to focus on the testimony without worrying about logistical details.

 Yes, Caption Legal can accommodate special requests to meet your specific needs:

• Custom Camera Angles: We can adjust camera angles to highlight specific aspects of the testimony or to provide a better view of exhibits.

• Additional Services: We offer a range of additional services, including real-time transcription, simultaneous interpretation, and post-deposition editing.

• Tailored Solutions: Our team works closely with you to develop tailored solutions that align with your case strategy and objectives.

 Attorneys can ensure compliance with jurisdictional rules when conducting remote depositions across state lines by:

• Researching Local Rules: Thoroughly research the deposition rules and regulations of both the home state and the state where the witness is located.
• Court Approval: Obtain court approval if required, especially in cases where jurisdictional differences might impact the admissibility of the deposition.
• Use of Compliant Platforms: Select remote deposition platforms that meet the security and procedural standards required by the relevant jurisdictions.
• Notary Requirements: Verify if a notary is required to be physically present with the witness and make appropriate arrangements.
• Cross-Jurisdictional Agreements: Establish agreements between attorneys from different jurisdictions to ensure mutual understanding and compliance with local rules.
• Consult Local Counsel: Engage local counsel to provide guidance and ensure that all jurisdiction-specific requirements are met.

 Potential legal implications of technical failures during a remote deposition include:

• Interrupted Testimony: Technical issues can lead to incomplete or interrupted testimony, which may affect the deposition's reliability.
• Lost Data: Data loss or corruption can compromise the integrity of the deposition record.
• Admissibility Challenges: Opposing counsel may challenge the admissibility of testimony affected by technical failures.
• Rescheduling Delays: Technical failures can necessitate rescheduling, leading to delays and increased costs.

To mitigate these risks:

• Pre-Deposition Testing: Conduct thorough pre-deposition testing of all technology and equipment.
• Redundancy: Have backup devices, internet connections, and alternative communication methods available.
• Technical Support: Ensure technical support is available during the deposition to address any issues promptly.
• Recording Backups: Use multiple recording methods to ensure that testimony is captured accurately.
• Clear Protocols: Establish and communicate clear protocols for handling technical issues, including steps to pause and resume the deposition.
• Documenting Issues: Keep detailed records of any technical issues and steps taken to resolve them, to address any future legal challenges.

(a) Taking depositions

Any party may take an oral deposition by telephone, videoconference, or other remote electronic means, provided:

(1)  Notice is served with the notice of deposition or the subpoena;

(2)  That party makes all arrangements for any other party to participate in the deposition in an equivalent manner. However, each party so appearing must pay all expenses incurred by it or properly allocated to it;

(3)  Any party or attorney of record may be physically present at the deposition at the location of the deponent with written notice of such appearance served by personal delivery, email, or fax, at least five court days before the deposition, and subject to Code of Civil Procedure section 2025.420. An attorney for the deponent may be physically present with the deponent without notice.

(Subd (a) amended effective January 1, 2022.)

(b) Appearing and participating in depositions

Any party, other than the deponent, or attorney of record may appear and participate in an oral deposition by telephone, videoconference, or other remote electronic means, provided:

(1)  Written notice of such appearance is served by personal delivery, e-mail, or fax at least five court days before the deposition;

(2)  The party so appearing makes all arrangements and pays all expenses incurred for the appearance.

(Subd (b) amended effective January 1, 2022; previously amended effective January 1, 2007, and January 1, 2016.)

(c) Deponent's appearance

A deponent must appear as required by statute or as agreed to by the parties and deponent.

(Subd (c) amended effective January 1, 2022.)

(d) Court orders

On motion by any person, the court in a specific action may make such other orders as it deems appropriate.

(Subd (d) relettered effective January 1, 2022; adopted as Subd (e) effective 2003; previously amended effective January 1, 2007.)

Rule 3.1010 amended effective January 1, 2022; adopted as rule 333 effective January 1, 2003; previously amended and renumbered as rule 3.1010 effective January 1, 2007; previously amended effective January 1, 2016.

(a) The Appeals Board or a party to the proceeding may cause the deposition of a person to be taken. At the request of a party, the Appeals Board may issue a subpoena re deposition and subpoena duces tecum re deposition to compel the person to appear for deposition, and to produce books, documents, or other things. Compliance with the provisions of Section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena duces tecum re deposition.

(b) When a person resides outside the state, the Appeals Board, if requested by a party to the proceeding, shall attempt, when possible, to have a like agency in the other state take the deposition.

(c) A person who is subpoenaed and required to give a deposition is entitled to receive the same witness fees and mileage as if the subpoena required the person to attend and testify at the hearing. See Section 382 for amount of witness fees and mileage.

(d) No person is obligated to attend at a place out of the county of residence unless the distance is less than 75 miles from the place of residence except that the Appeals Board, upon affidavit or declaration of a party showing good cause, may endorse on the subpoena re deposition an order requiring the attendance of such person.

(e) Depositions shall be noticed, taken, filed, and used in the manner prescribed by Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure.

(f) Upon timely motion of a party or the person to be examined or notified to produce books, documents, or other things, or upon its own motion, after notice to the parties and an opportunity to be heard, upon a showing of good cause, the Appeals Board may order that the deposition not be taken, or that it may be taken only at some designated time or place other than stated in the notice of taking deposition or subpoena, or that the deposition may be taken outside the county of residence of the person to be examined and at a place more than 150 miles from the place of residence, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, books, documents, or other things, or that the confidentiality of evidence described at Section 376.6(a) be appropriately protected. In addition, the Appeals Board may make any other order as may be appropriate to protect a party or person from unreasonable or oppressive demands.

(a) The Appeals Board or a party to the proceeding may cause the deposition of a person to be taken. At the request of a party, the Appeals Board may issue a subpoena re deposition and subpoena duces tecum re deposition to compel the person to appear for deposition, and to produce books, documents, or other things. Compliance with the provisions of Section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena duces tecum re deposition.

(b) When a person resides outside the state, the Appeals Board, if requested by a party to the proceeding, shall attempt, when possible, to have a like agency in the other state take the deposition.

(c) A person who is subpoenaed and required to give a deposition is entitled to receive the same witness fees and mileage as if the subpoena required the person to attend and testify at the hearing. See Section 382 for amount of witness fees and mileage.

(d) No person is obligated to attend at a place out of the county of residence unless the distance is less than 75 miles from the place of residence except that the Appeals Board, upon affidavit or declaration of a party showing good cause, may endorse on the subpoena re deposition an order requiring the attendance of such person.

(e) Depositions shall be noticed, taken, filed, and used in the manner prescribed by Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure.

(f) Upon timely motion of a party or the person to be examined or notified to produce books, documents, or other things, or upon its own motion, after notice to the parties and an opportunity to be heard, upon a showing of good cause, the Appeals Board may order that the deposition not be taken, or that it may be taken only at some designated time or place other than stated in the notice of taking deposition or subpoena, or that the deposition may be taken outside the county of residence of the person to be examined and at a place more than 150 miles from the place of residence, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, books, documents, or other things, or that the confidentiality of evidence described at Section 376.6(a) be appropriately protected. In addition, the Appeals Board may make any other order as may be appropriate to protect a party or person from unreasonable or oppressive demands.

(a) An oral deposition shall be scheduled for a date at least 10 days after service of the deposition notice.

(b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, an oral deposition shall be scheduled for a date at least five days after service of the deposition notice, but not later than five days before trial.

(c) Notwithstanding subdivisions (a) and (b), if, as defined in Section 1985.3 or 1985.6, the party giving notice of the deposition is a subpoenaing party, and the deponent is a witness commanded by a deposition subpoena to produce personal records of a consumer or employment records of an employee, the deposition shall be scheduled for a date at least 20 days after issuance of that subpoena.

(d) On motion or ex parte application of any party or deponent, for good cause shown, the court may shorten or extend the time for scheduling a deposition, or may stay its taking until the determination of a motion for a protective order under Section 2025.420.

(Amended by Stats. 2007, Ch. 113, Sec. 6. Effective January 1, 2008.)

(a) The certified transcript of a deposition shall not be filed with the court. Instead, the deposition officer shall securely seal that transcript in an envelope or package endorsed with the title of the action and marked: “Deposition of (here insert name of deponent),” and shall promptly transmit it to the attorney for the party who noticed the deposition. This attorney shall store it under conditions that will protect it against loss, destruction, or tampering.

(b) The attorney to whom the transcript of a deposition is transmitted shall retain custody of it until six months after final disposition of the action. At that time, the transcript may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the transcript be preserved for a longer period.

(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)

This law governs who may act as a deposition officer, including their qualifications and responsibilities during the deposition.

Impact on California Depositions:

• In-Person Depositions: Requires a qualified deposition officer, such as a notary public or court reporter, to be physically present to administer oaths and record the testimony.
• Remote Depositions: The deposition officer can administer oaths remotely, provided that the process complies with all other procedural rules, including verifying the identity of the deponent.
• Hybrid Depositions: The deposition officer must be equipped to manage both in-person and remote participants, ensuring that the oath is administered appropriately to all deponents, regardless of location.

This statute regulates the use of audio and video recordings during depositions, including the handling, storage, and access to these recordings.

Impact on California Depositions:

• In-Person Depositions: Requires that any audio or video recording be disclosed in advance and conducted by a certified legal videographer. The original recording must be securely stored and made available to all parties.
• Remote Depositions: Remote recordings must meet the same standards as in-person recordings, ensuring clarity and security of the data. The platform used must allow for secure and uninterrupted recording.
• Hybrid Depositions: The statute allows for mixed methods of recording, with the requirement that all recorded material is synchronized and stored properly to maintain the integrity of the deposition record.

This provision allows a party to file a motion to compel a deposition if the deponent fails to attend or if there is a dispute over the method of deposition.

Impact on California Depositions:

• In-Person Depositions: If a deponent does not attend, the requesting party may file a motion to compel, and the court may impose sanctions on the non-compliant party.
• Remote Depositions: If technical issues prevent the deposition from proceeding, or if a party refuses to agree to a remote deposition, a motion to compel may be filed to resolve the dispute.
• Hybrid Depositions: Disputes over the format of the deposition (e.g., hybrid vs. entirely in-person) may lead to a motion to compel. The court will consider the practicality and fairness of the proposed format.

This law covers the attendance requirements for parties, their attorneys, and witnesses during a deposition.

Impact on California Depositions:

• In-Person Depositions: All parties must physically attend unless otherwise stipulated or ordered by the court. If a party cannot attend in person, a stipulation must be made for remote participation.
• Remote Depositions: Allows for attendance via electronic means, provided that it is agreed upon by all parties or ordered by the court. Ensures that all participants can interact effectively, despite physical distances.
• Hybrid Depositions: Participants can attend either in person or remotely. The notice of deposition must specify the attendance method for each participant.