Remote Depositions

Despite the interruption of coronavirus/COVID-19, your depositions can still proceed using Zoom. Essentially, Zoom is an easy-to-use and free app that allows for secure and remote meetings to happen -- in our case depositions. And as long as both parties of the case stipulate to it, even a party witness like the Applicant does not need to be in the same room as the reporter! To discuss your Remote Deposition options with us, call (888) 566-0253 or email calendar@toddolivas.com.

Click to download flyer:
Click to download guide


I'm going to use this page as a resource for clients and freelance reporters to learn about the particulars of doing Remote Depositions. This resource list will be added to from time to time. Please check back for any updates. Last Update: 8/12/2020



During COVID we have adopted the safety precautions shown in the video. This is our 1800 E. Lambert, Suite 220 Brea CA 92821 location. To schedule a deposition please visit this page or call (888) 566-0253.


BREAKING NEWS (4/6/2020)
Judicial Council approves emergency rule permitting remote depositions of parties without deposition officer present with the party. Under current law, unless the parties stipulate otherwise, the deposition officer must be present with a party witness during the deposition to prevent witness tampering.
Click here


BREAKING NEWS (3/27/2020)
Governor Gavin Newsom just signed an executive order suspending CCP 2025.310(b), allowing for flexibility in remote depositions by waiving the requirement that a party must be physically present with the depo officer.
Click here


NCRA
Helpful how-tos for remote depositions


DRA
Guidance from the Deposition Reporters Association
- Getting an admissible transcript remotely
-The black letter law on California Remote Depositions & Options
- Civil Procedure section 2025.310
- 2019 California Rules of Court: Rule 3.1010. Oral depositions by telephone,videoconference, or other remote electronic means
- California Code of Civil Procedure section 2093(b)


DRA
March 19, 2020
Update from CalDRA on COVID-19, Remote Reporting and Next Steps Forward


DRA
Jamie Asbury's Remote Reporting Guide:
What Equipment, Best Practices, Attendee Checklist, Troubleshooting


TOA Storytellers Podcast
 
Listen now to Todd Olivas' podcast featuring Jamie Asbury, Vice President of the Deposition Reporters Association of California. We speak about the rise of Remote Depositions given the current coronavirus environment. To listen, simply find “TOA Storytellers” on your favorite podcast app (Apple, Android, Spotify) or visit http://www.toddolivas.com/podcast
  

Some CSRs are reading statements like these on the record

EXAMPLE DENOTING THE LOCATIONWhen conducting remote depositions, many reporters update their language regarding the location of the deposition.

“Deposition of MARY P. JACKSON, conducted virtually” – in lieu of “Deposition of MARY P. JACKSON, held at the offices of…”
EXAMPLE VERBIAGE #1

Before we proceed, I will ask counsel to agree on the record that under the current National Emergency pursuant to Section 319 of the Public Health Service Act, there is no objection to this deposition officer administering a binding oath:

to the witness remotely
to the witness by phone
to the witness by videoconference
to the witness not appearing personally before me


Please state your agreement on the record.

EXAMPLE VERBIAGE #2Good morning/afternoon.

My name is {CSR}. I am a California certified stenographic reporter, CSR Number {#}.

(optional): Due to the current National Emergency of the COVID-19 virus, this deposition is being handled via remote means.

Today’s date is {day}, {month} {#}, {year}, and the time is approximately {time}.

This is the deposition of {name} in the matter of {case}. This case is venued in the {court}. The case number is {#}.At this time I will ask counsel to identify yourself, state whom you represent, and agree on the record that there is no objection to this deposition officer administering a binding oath to the witness via Zoom. Let’s start with the noticing attorneys...

EXAMPLE VERBIAGE #3We'll go on the record now. I'm not in the same location as the witness. Is there any objection to my administering the oath remotely?

[insert colloquy here ] - or [no audible response from counsel]

Hearing no objection, I'll now swear in the witness...
EXAMPLE REPORTER CERTIFICATEThat prior to being examined, the witness named
7       in the foregoing deposition was remotely sworn by me to
8       testify to the truth, the whole truth, and nothing but
9       the truth;
10            That said deposition was remotely taken down by
11      me in shorthand and thereafter reduced to typewriting
12       under my direction, and the same is a true, correct, and
13       complete transcript of said proceedings;
14            That if the foregoing pertains to the original
15       transcript of a deposition in a Federal Case, before
16       completion of the proceedings, review of the transcript
17       ( ) was ( ) was not required.
18            I further certify that I am not interested in
19       the event of this action.
20            Witness my hand this ____________ day of
21       _______________________, 2020.
22


  

Some clients are including verbiage like this on their deposition notices

EXAMPLE DEPOSITION NOTICE VERBIAGE #1PLEASE TAKE NOTICE that the deposition of [________] will be taken in the above-entitled action before a Certified Shorthand Reporter duly authorized to administer oaths in and for the County of [________], State of California by way of REMOTE VIDEO CONFERENCING. The deposition will take place at [________], on [DATE], at the hour of [TIME] (Prep 9:00 a.m.) of said day and continue from day to day thereafter, Sundays and Holidays excepted.
EXAMPLE DEPOSITION NOTICE VERBIAGE #2PLEASE TAKE NOTICE that the deposition of [________] will be taken in the above-entitled action before a Certified Shorthand Reporter duly authorized to administer oaths in and for the County of [________], State of California, at TODD OLIVAS & ASSOCIATES, 29995 TECHNOLOGY DRIVE, SUITE 205, MURRIETA, CA 92563 [VIA ZOOM VIDEO CONFERENCE] on [DATE] at the hour of [TIME] of said day and continued from day to day thereafter, Sundays and Holidays excepted, until completed.
EXAMPLE PROOF OF SERVICE BY MAILOn [DATE], I served the within NOTICE OF TAKING DEPOSITION BY REMOTE VIDEO CONFERENCING on the named parties in said action by placing a true copy thereof, enclosed in a sealed envelope, with postage thereon fully prepaid, in the United States Mail at [CITY], California, addressed as follows:

...service list...

Court Reporting Agency
Todd Olivas & Associates
Calendar@toddolivas.com
*** ALSO TO COORDINATE REMOTE DEPOSITION VIA ZOOM ***

 




View this post on Instagram

#remotedepositions

A post shared by Todd Olivas & Associates (@toddolivas) on

View this post on Instagram

#remotedepositions

A post shared by Todd Olivas & Associates (@toddolivas) on


Wednesday, March 18, 2020

Author
Todd Olivas

Todd Olivas is a court reporter and entrepreneur.
He founded TO&A in 2003.

  Comment by Sharon McDaniel | Friday, March 20, 2020
Damn, you`re awesome! Thanks so much for compiling all this great info and sharing it. I just sent it to all the reporters we are currently working with!


Leave a Comment


Your Name (Required)


Your Email (Required but will not be posted)


Please enter the following letters into the box:
(This is to help fight against spam. The letters are NOT case sensitive.)