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Resources
Practical material for the people who actually book depositions: paralegals, legal assistants, and associates working against a calendar.
Before the date
What we need to staff a proceeding
Send these and the setting is confirmed the same business day. Send some of them and we will chase you for the rest, which slows both of us down.
Always required
- Case caption, case number, and jurisdiction
- Witness name, and title if a corporate designee
- Date, start time, and expected duration
- Location, or a request that we arrange space, or remote
- Noticing party and the ordering attorney
- Billing contact and any client matter reference
Send if applicable
- Interpreter language and mode required
- Videography, and whether the video will be synchronised
- Realtime feed for one or more attorneys
- Standing expedite instruction for this matter
- Exhibits for pre marking, with the numbering scheme
- Protective order or confidentiality protocol
- Accessibility requirements for any participant
Guidance
Preparing a witness for a remote deposition
Most remote deposition problems are witness environment problems, and every one of them is preventable the day before. You are welcome to send this list to your witness directly.
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Test the connection
Join the technical check we offer. It takes five minutes and it catches the camera, microphone, and browser problems that otherwise surface once everyone is on the record.
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Use a wired connection where possible
Wired internet is more stable than wireless, and wireless is far more stable than a mobile connection. Ask other people in the household to stay off video calls during the session.
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Choose a quiet, private room
A closed door, no other people present, and no background audio. Testimony is given under oath, and the room should reflect that.
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Sit still and speak up
Position the camera at eye level, sit close enough for clear audio, and avoid headphones with an unreliable microphone. Verbal answers only, since a nod does not appear in the record.
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Wait for the question to finish
Slight audio delay makes interruption more likely than it is in person. Let counsel finish, pause, then answer. It makes for a cleaner record and a faster deposition.
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Have nothing else open
Close other applications and put the phone away. Exhibits will be delivered through the platform when counsel introduces them, so nothing needs to be printed in advance.
Turnaround
Transcript delivery options
Standard delivery suits most matters. The tiers below exist for the ones where it does not. All expedite rates are quoted before the proceeding.
- Realtime feed
- Unedited text during the proceeding itself, streamed to counsel. Not a certified transcript and not citable as the record.
- Rough draft
- Uncertified working copy, typically at the close of the day or the next morning. Useful for same week motion work and for preparing the next witness.
- Daily copy
- Certified transcript delivered by the morning after the proceeding. Standard for trial and for compressed discovery schedules.
- Expedited
- Certified transcript on a two or three business day schedule.
- Standard
- Certified transcript on the ordinary production schedule, confirmed in writing at the time of the setting.
- Copy orders
- Available to any party at any time, including parties who did not attend, on the same terms as the ordering party.
Questions
Common questions
How much notice do you need to staff a deposition?
Will I know who my reporter is before the day?
Is Ellsworth & Kane a certified firm?
Can the other side order a copy of the transcript?
What does a deposition actually cost?
What happens if we cancel?
How is the transcript delivered?
Do you handle proceedings outside California?
Can you hold the same reporter across a long matter?
Question not answered here?
A coordinator will answer it directly. We do not route questions about live matters through a general inbox.