When Mother Nature Kills Your Deposition

Snowed in DepositionIt’s the night before a big deposition.  After hundreds of hours spent on developing an outline, reviewing case law, and organizing exhibits, the phone rings.  On the other end you hear a voice say, “Mr. Jones, we are calling to inform you that tomorrow’s deposition has been cancelled.”  “Cancelled!” you scream out of frustration.  “That’s ludicrous, what possible reason could there be to cancel this deposition?”  “Umm, have you checked the weather report, sir?” the voice stammered.  “We are in the middle of a massive snow storm, all airport traffic has been grounded for the next two days and opposing counsel has no way in or out of here.  To answer your question Mr. Jones, it was Mother Nature; Mother Nature has killed the deposition.”

If you practice law then you are probably all too familiar with the scenario above, especially when winter comes lurking.  Last-minute deposition cancellations impede the overall litigation process and should be avoided whenever possible.  There are many valid reasons why a deposition might get cancelled at the last minute; family emergencies, illnesses, surgery, and prior work commitments which cannot be rescheduled are just a few.  However, with remote deposition and video conferencing technology, excuses like Mother Nature or inclement weather conditions are excuses of the past.

For those who have never attended a deposition remotely, or are unfamiliar with the process, remote deposition technology provides all those participating in a deposition with an alternate method for accessing the proceedings.  As long as there is an internet connection present, participants can use this web-based software from anywhere, at any time, even when their flight is grounded or they are stuck at home with six feet of snow blocking the door.

Today’s technology is so far advanced it makes users feel like they are sitting in the same conference room as the witness and court reporter.  Some features you will see built into remote deposition and video conferencing technology include:  

One Way & Two Way Video Streams – Attorneys can choose between whether they prefer to study a witness without being seen or allow themselves to be visible to other parties in the deposition.

Official Exhibit Sharing and Mark-up – Attorneys can electronically introduce, manage and collaborate on digital exhibit files using their computer or mobile device.  The attorneys or court reporter can then legitimize and finalize the exhibits by placing onto the exhibit an electronic stamp that includes the exhibit name and heading, the witness name, the date and the initials of the person submitting the exhibit.      

Group & Private Chat – This feature allows for secure communication, where attorneys can share their thoughts with co-counsel or chat one-on-one with individuals, no matter where they are located. 

Realtime Streaming –  Attorneys can follow along with everything that is being said in a deposition by viewing the realtime text stream as the court reporter enters it; this way they will never miss a beat and be able to stay on top of everything that is being said.    

Mother Nature shows no mercy when it comes to your scheduled depositions.  Weather is unpredictable, but depositions must go on rain or shine.  When a deposition is cancelled it not only slows down the litigation process, it can also stall any forward momentum you may have going for you in the case.  Don’t let Mother Nature kill your deposition; utilizing remote deposition technology as an alternative during bad weather will keep you on task, on time, and in the game.