Remote Deposition Best Practices in 2025

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The purpose of this article is to provide a high-level reminder of the leading practice-related issues litigators should keep in mind when approaching their next remote deposition. The information provided here consists of best practices gleaned from court rules and lawyer ethics opinions published during the past five years, as the legal community initially confronted, and then embraced, the challenges posed by a novel, technology-driven means of conducting pretrial discovery – the remote deposition. We hope it provides a useful reminder of familiar matters not to be overlooked, or perhaps a spark of inspiration for how the next remote deposition can be improved.

Careful preparation, technology competence, and clear protocols are the keys to remote deposition success.

Benefits of Remote Depositions

In 2025, remote depositions are an integral part of a modern litigation practice. With insights gained from personal experience since the onset of the COVID-19 pandemic, most lawyers have nuanced views on both the benefits and risks presented when depositions are conducted remotely. Remote depositions are today widely embraced by litigators.

A litigator might choose to conduct a deposition remotely for several reasons, including:

  1. Convenience and Flexibility. The remote format allows scheduling with greater flexibility, accommodating participants in different locations and time zones.
  2. Cost Efficiency. Remote depositions save travel, lodging, and venue-related expenses for attorneys and clients.
  3. Time Savings. Conducting the deposition remotely eliminates travel time to the deposition location, which allows depositions to be scheduled in smaller time windows on the attorney’s schedule.
  4. Access to Remote Witnesses. A remote deposition increases the opportunity to depose witnesses who are geographically distant or unable to travel.
  5. Enhanced Security Options. Some attorneys believe that conducting depositions on a secure technology platform with encryption will protect confidentiality better than an in-person setting.
  6. Continuity of Legal Proceedings. The remote format allows depositions to proceed without interruption during emergencies and natural disasters.
  7. Technological Tools. Remote deposition technology enables use of screen sharing, digital exhibits, real-time transcription, and recording features that enhance the deposition process. Digital recordings and transcripts created during remote depositions can be easily searched and shared.

Whether the deposition is to be conducted remotely or in-person, the first consideration will always be whether the chosen format best advances the client’s interest in the case.

Considerations for Remote Deposition Success

When planning for a remote deposition, a good place to start is the American Bar Association’s Resolution 505, Best Practices for Remote Depositions, adopted by the ABA House of Delegates in February 2023. The resolution sets out several remote deposition best practices, based on the then-existing court rules and lessons learned from remote deposition practice:

  • Be well-versed in the relevant local court rules
  • Take time to understand and test the technology used to conduct the deposition
  • Prepare for the remote deposition with the unique challenges of the remote format firmly in mind
  • Take time to consider how exhibits will be provided to the remote deposition provider and later shared during the deposition

Formal Opinion 498 (2021), which, while not specifically addressing remote depositions, covers the waterfront of ethical issues raised when lawyers use technology when providing legal services. Among other issues, the ABA advised litigators to strive to maintain technology competence with the technology used in remote depositions proactively take steps to safeguard client confidentiality when using electronic platforms.

ABA Formal Opinion 508 (2023) on the ethics of witness coaching also delves into remote-deposition-related issues. According to the ABA, litigators should take time to understand the risks of witness coaching and then proactively address those risks through cross-examination, remote deposition protocols, and efforts to raise professionalism expectations through published codes of conduct.

In addition to the ABA’s work on remote deposition ethical issues, other state bar associations and state high court lawyer regulators have weighed in with their own guidance on remote deposition practice. While attorneys should, of course, consult the specific court rules and guidance for their local jurisdiction, the following best practices are widely applicable to any remote deposition in any jurisdiction across the country. When planning for their next remote deposition, a litigator should take measures to:

  • Ensure competence with the technology used for remote depositions (this applies to both the attorney and the witness)
  • Use secure, reliable platforms that protect confidentiality
  • Verify the identity of all participants before starting
  • Obtain informed consent from clients regarding the use of remote technology
  • Take steps to prevent unauthorized recording or distribution of the deposition
  • Maintain clear communication with clients and opposing counsel about procedures and expectations
  • Be mindful of jurisdictional rules and any specific court orders related to remote depositions

Many of the above considerations can be addressed by selecting an experienced, technologically adept remote deposition vendor.

Remote Deposition Protocols to the Rescue

Nearly every jurisdiction allows litigators to modify, by stipulation, the local pretrial discovery rules to fit the needs of their case. Remote deposition protocols are a great example of how attorneys can meet the challenges of new technology and supplement local court rules in a way that expeditiously advances the case, creatively resolves legal issues not covered in local rules, and eliminates misunderstandings and wasteful motion practice surrounding remote depositions. One caveat: Courts in some jurisdictions have written their own remote deposition protocols, so counsel may not have an entirely free hand to write their own rules in those jurisdictions.

Provisions addressing the following legal and logistical issues are commonly found in remote deposition protocols:

  1. Consent and Agreement to Remote Procedures. Secure the consent to remote proceedings from all deposition participants.
  2. Technology Platform and Security. Identify with specificity the remote deposition technology platform used and the technology provider.
  3. Participant Identification and Verification. Require that all participants to verify their identity at the start of the deposition to ensure only authorized individuals are present.
  4. Confidentiality and Privacy. Spell out the measures that will be taken to maintain confidentiality of the deposition content and prohibit unauthorized recording, photographing, or sharing of the proceedings.
  5. Exhibit Handling and Sharing. Provide in detail the procedures for electronically sharing, marking, and managing exhibits, including advance distribution and screen sharing protocols.
  6. Objections and Interruptions. Establish ground rules for making objections, handling interruptions, and addressing technical issues without disrupting the flow of the deposition.
  7. Breaks and Timing. Make provision for how breaks will be scheduled and managed and how counsel will be able to communicate with the deposition witness.
  8. Recordkeeping and Transcription. Describe how the deposition will be recorded and transcribed.
  9. Technical Support and Troubleshooting. Provided contact information and procedures for resolving technical difficulties promptly to minimize disruption.
  10. Participant Conduct. Establish ground rules for acceptable behavior during the deposition.

Conclusion

This article has covered a lot of ground in a short space. Following the guidance provided here won’t guarantee remote deposition success, of course, but it should give litigators the best opportunity to shine during their next remote appearance or deposition. As is the case with everything related to the practice of law, careful preparation and planning are always the keys to professional success.

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