Caption Legal® - Zoom Deposition Services

Answer: To conduct a remote deposition via Zoom, the following technical requirements should be met:

• Hardware: A computer or laptop with a reliable webcam, microphone, and speakers or a high-quality external webcam and microphone setup.
• Internet Connection: A stable, high-speed internet connection with a minimum upload and download speed of 3 Mbps.
• Software: The latest version of the Zoom application installed on all participants' devices.
• Power Backup: Uninterruptible power supply (UPS) or backup power solutions to prevent interruptions during the deposition.
• Headphones: Noise-canceling headphones for clear audio and to minimize background noise.
• Additional Monitor: An additional monitor can be helpful for viewing exhibits or notes alongside the video feed.

Answer: To ensure the security and confidentiality of remote depositions on Zoom:

• Encryption: Enable Zoom's end-to-end encryption for all meetings.
• Meeting IDs: Use unique meeting IDs for each deposition rather than recurring meetings.
• Password Protection: Set strong passwords for each meeting and share them securely with participants.
• Waiting Room: Enable the waiting room feature to control who joins the deposition.
• Authentication: Require participants to authenticate before joining the meeting to verify their identity.
• Screen Sharing Controls: Restrict screen sharing to the host or designated individuals to prevent unauthorized access.
• Recording Security: If recording the deposition, ensure the recordings are stored securely, either encrypted on local drives or in secure cloud storage.

Answer: Attorneys should prepare witnesses for a Zoom remote deposition by:

• Technical Setup: Ensuring the witness has the necessary hardware and a stable internet connection. Conduct a test run to confirm everything works properly.
• Environment: Advising the witness to choose a quiet, well-lit, and private location free from interruptions.
• Background: Suggesting a neutral background, avoiding virtual backgrounds that could distract or detract from the deposition.
• Familiarity with Zoom: Walking the witness through Zoom features such as mute/unmute, video on/off, screen sharing, and how to join the meeting.
• Behavior and Attire: Coaching the witness on proper behavior, including speaking clearly, pausing before answering questions to avoid talking over others, and dressing professionally.
• Document Handling: Explaining how documents will be shared during the deposition and ensuring the witness is comfortable accessing and reviewing digital exhibits.

Answer: Best practices for presenting exhibits during a Zoom remote deposition include:

• Preparation: Organize and label all exhibits in advance, ensuring they are easily accessible during the deposition.
• Screen Sharing: Use Zoom’s screen sharing feature to display exhibits. Practice sharing and navigating through documents to ensure a smooth presentation.
• Annotation Tools: Utilize Zoom’s annotation tools to highlight, underline, or mark up exhibits in real-time.
• Physical Exhibits: If physical exhibits are necessary, ensure high-quality scans or photographs are available for sharing digitally.
• Distribution: Share exhibits with all parties before the deposition begins or use Zoom’s file-sharing feature to distribute documents during the session.
• Backup Plan: Have a backup method, such as email or a secure file-sharing service, to distribute exhibits if technical issues arise.

Answer: To manage non-verbal communication cues effectively in a Zoom deposition:

• Gallery View: Use Zoom’s gallery view to see all participants simultaneously, which helps in observing non-verbal reactions.
• High-Quality Video: Ensure all participants use high-quality webcams and have proper lighting to make facial expressions and body language more visible.
• Active Listening: Pay close attention to facial expressions, gestures, and body language, noting any signs of discomfort, confusion, or inconsistency.
• Follow-Up Questions: Use non-verbal cues to guide follow-up questions or clarifications when a witness’s body language suggests uncertainty or hesitation.
• Pause and Observe: Take deliberate pauses to observe reactions and give participants time to respond fully.
• Recording Review: If the deposition is recorded, review the video later to catch non-verbal cues that may have been missed in real-time.

Answer: Handling technical issues during a Zoom deposition involves:

• Pre-Deposition Test: Conducting a test session with all participants to identify and address potential technical issues beforehand.
• Backup Equipment: Having backup devices (e.g., another computer, microphone, or internet connection) readily available.
• Technical Support: Arranging for IT support to be on standby during the deposition to troubleshoot any problems that arise.
• Contingency Plan: Establishing a contingency plan, such as rescheduling the deposition or switching to a different platform if issues cannot be resolved quickly.
• Clear Communication: Informing all participants about how to report technical issues and the steps that will be taken to address them.
• Recording Interruption: Noting any interruptions on the record and ensuring the deposition is paused until the issue is resolved to maintain a complete and accurate transcript.

Answer: Attorneys can control the deposition environment in a Zoom remote setting by:

• Agenda: Setting a clear agenda and rules for the deposition, communicated to all participants in advance.
• Muting: Using the mute function to manage background noise and control who is speaking at any given time.
• Breaks: Scheduling regular breaks to prevent fatigue and maintain focus.
• Private Chat: Using Zoom’s private chat feature to communicate with co-counsel or support staff without disrupting the deposition.
• Participant Management: Utilizing the waiting room and participant management features to control who is present and ensure only authorized individuals are in the session.
• Host Privileges: Ensuring the host has full control over screen sharing, recording, and other features to manage the flow of the deposition effectively.

Answer: The legal implications of recording a Zoom deposition include:

• Consent: Obtaining explicit consent from all parties before recording, as required by law in many jurisdictions.
• Notice: Providing advance notice that the deposition will be recorded, including details in the deposition notice or agreement.
• Storage: Storing recordings securely, using encryption and access controls to protect confidentiality and prevent unauthorized access.
• Transcription: Ensuring the recording is transcribed accurately and securely, with transcripts stored in a similarly protected manner.
• Retention Policy: Adhering to a clear retention policy for recordings and transcripts, including secure deletion procedures once they are no longer needed.
• Admissibility: Understanding and complying with rules regarding the admissibility of recorded depositions in court, ensuring that recordings are handled in a way that preserves their integrity as evidence.

Answer: To address witness coaching concerns in a Zoom deposition:

• Environment Control: Request that the witness sits in a neutral, controlled environment with no other people present to minimize the risk of coaching.
• Camera Angles: Ask the witness to position the camera to show the entire room or use multiple cameras to monitor the environment.
• Real-Time Observation: Keep a close watch on the witness’s eye movements and body language for signs of external prompts or distractions.
• Periodic Checks: Regularly ask the witness to pan the camera around the room to ensure no one else is present.
• Clear Instructions: Clearly instruct the witness at the outset that no one else should be in the room or communicating with them during the deposition.
• Technical Measures: Use Zoom features to disable private chat and other communication tools that could be used for coaching.