There are three typical ways to hold depositions in a legal case. Depending on the physical location of the parties, their abilities to travel over short or long distances or the need for meeting face to face, the way legal depositions can be held vary from case to case. They can be in person at the same location, or at separate locations over a videoconference or via telephone. It is often decided by the attorneys involved. The amount of time and expense involved often plays a role in the decision.

The Basics

A deposition is a question and answer session between an attorney and a witness for the other side of the case he is working on. Because he is not allowed to simply call up and ask questions of this person during a civil case, a formal deposition is set up. Opposing counsel is usually present in person or by telephone. The witness and any parties to the case may also be present. Other people, such as family members, friends or other witnesses are normally not allowed to be present unless the witness is a minor or needs assistance due to language barriers or disabilities.

In Person

Typically used for cases where both parties live in the same geographical area, depositions are held in person unless there is a specific reason not to do so. They will meet either at one of the lawyers’ offices or at a neutral third-party site. One option is to meet at the court reporter’s office. This eliminates any advantage one party may have over the other as far as intimidation or making them feel as if they are in a hostile environment.

Videoconference

Videoconferencing has become a popular method of holding depositions for parties that are in two separate cities, states or countries. The parties can see each other and gauge the demeanor of the witness or other people present. This is often less expensive than paying for plane fare to travel to the other location. Travel time, convenience and schedule interruptions are also considerations. A deposition reporter will be present with the witness and their attorney at a nearby location with videoconferencing capabilities. Many court reporting agencies now have videoconference suites in their offices. The opposing counsel will be at a location in their geographical area. Some law firms have videoconferencing capabilities, as do hospitals where medical experts can conveniently walk down the hall instead of leaving work to have their deposition taken. Another option for opposing counsel is to rent a videoconferencing location at a court reporting agency or other facility that has the equipment needed.

Telephone

A telephone deposition is another option. If the attorneys do not feel a need to see each other over videoconference or to travel to another location, a teleconference is a popular choice. A speakerphone is needed when there is more than one person present in the room so that all parties can hear the proceedings. Again, the court reporter should be at the same location as the witness to swear them in and take down the testimony.