New Norm for Depos – In-Person, Remote, or Hybrid?

A recent survey found that 40% of Americans preferred working from home, with 25% looking to return to the office, and another 35% hoping for a home-office hybrid.

The Global COVID-19 pandemic forever changed the deposition process almost overnight.  While lawyers, witnesses, and court reporters pre-pandemic occasionally met via video conference, it was usually because a participant was residing halfway across the country or the world and the expense of travel was easily eliminated with modern technology.  Today, video conferences take place with all participants residing in the same town or county, but all attending via remote. 

With the world in flux as states explore what it means to “return to business as usual,” many are curious to see what this new normal will look like.  And while working from home hasn’t been without challenges, many of us navigated and adapted to the changes with flying colors.

Getting back to the “new normal” has shown an increase of in-person depositions over the last few months as attorneys want to get back in the room where it happens.  There is no substitute for being in a room face-to-face in person when it comes to fact-finding and gathering testimony. There are many instances where in-person depositions will be the better choice for an impeccable record.  The contentious, document-heavy cases are far less efficient when performed remotely.

Moving forward, remote depositions will continue to grow post pandemic; however, in-person depositions will continue to gain momentum and remain the superior choice.  We can expect to see a hybrid of in-person and remote going forward. Some depositions may see the deponent, his counsel, and the court reporter together, even if the questioning attorney is attending remotely.

 

Take a look through this comprehensive guide created by Perkins-Cole to learn more: https://www.perkinscoie.com/en/news-insights/us-remote-deposition-and-oath-status.html

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