| by Heather Duncan, Esq.
During the past few months we have experienced snowstorms, rainstorms, wild fires and mudslides. As a result there have been many inquiries into attending depositions remotely.
During the past few months we have experienced snowstorms, rainstorms, wild fires and mudslides. As a result there have been many inquiries into attending depositions remotely. In response, below is a brief summary of both the rules and the platforms available.
The California Code of Civil Procedure § 2025.310 addresses the use of remote deposition technology as folows:
(a) A person may take, and any person other than the deponent may attend, a deposition by telephone or other remote electronic means.
(b) The court may expressly provide that a nonparty deponent may appear at the deposition by telephone if it finds there is good cause and no prejudice to any party. A party deponent shall appear at the deposition in person and be in the presence of the deposition officer.
Under these rules an attorney may take, defend or simply attend any deposition remotely, without the need of either a stipulation or court order. A non-party deponent may generally be remote with either a court order or a stipulation, and a party deponent must always be in the same room as the court reporter.
Once a decision has been made on appearing remotely a decision needs to be made on which platform to use. There is always use of the telephone. There are also video-conferencing and internet-based solutions such as Network Now. Most people are familiar with telephone and videoconference depositions but many don’t understand internet-based solutions such as Network Now.
Network Now is almost as easy as Skyping with your parents or Facetiming with your college buddies. With the use of Network Now, there is the convenience of attending remotely by clicking a few buttons or a link on your computer. All that is required is a laptop with a webcam and an internet connection. A conference call component can also be added to enhance the quality of audio transmission. With Network Now a remote connection can be made occur anywhere there is a computer, with no preparation and no training.