Do you have a protocol in place for preparing and using exhibits in remote depositions?
No one imagined the many challenges there would be with handling of exhibits for remote proceedings. Below are some helpful clarifications and/or tips:
First and foremost, please remember that potential documents provided before the proceedings are not considered an “exhibit” yet. The document must be submitted as an exhibit and marked by the court reporter before it becomes an “exhibit.”
· It is still the responsibility of the court reporter to track exhibits / exhibit numbers.
Custody of Exhibits
· Exhibits still are to remain in the custody and control of the court reporter unless there is a stipulation otherwise by counsel.
- If an exhibit is to be retained by counsel or the witness providing it, a stipulation should be placed on the record.
Previously Marked Exhibits
· If you show the deponent an exhibit that was previously marked at another deposition, please clarify for the court reporter if the exhibit is being offered for the physical record or simply used for reference.
Sharing Documents During Proceedings
- The court reporter cannot share documents. Remember the stenographer’s job is to record the spoken word and then transcribe an official verbatim record of the proceedings.
- Ask your court reporting agency to provide a remote technician to handle the exhibit sharing of the exhibits.
- You may display documents via screen share or share the document via the Chat feature. Any document shared in the chat feature cannot be saved or downloaded once you leave the proceedings.
Exhibit Never Received
- If an exhibit which was to be provided to the court reporter after the conclusion of the depo was never provided, the transcript will be processed without the exhibit.