Virtual and In-Person Depositions: Best Practices for Modern Legal Proceedings

Dan Schiavetta | Russo & Gould LLP

Dan Schiavetta, of counsel to Russo & Gould LLP in New York City, has been a litigator for 30 years and is admitted in all New York and New Jersey state and federal courts and the Second and Third Circuit Courts of Appeals. For 20 years he defended the Catholic Church in sexual abuse cases and other matters. He also has wide experience in insurance coverage litigation, nursing home defense, and appellate practice.

He is a 1992 graduate of the University of California, Davis School of Law where he was a law review editor and moot court judge. In his previous career as a social worker he was the director of a crisis center and 24-hour hotline. He is also the author of “The Supreme Court for Short Attention Spans: 2000 Tiny Case Summaries Too Short to Bore You”, available on Amazon.

I. Mastering the Fundamentals of Virtual and In-Person Depositions | 2:30pm – 3:30pm

• Understanding the Deposition Landscape
  • Differences between virtual and in-person depositions
  • When to choose virtual versus in-person formats
• Pre-Deposition Preparation
  • Effective witness preparation techniques
  • Ensuring compliance with jurisdictional rules and standards
  • Technology considerations: Platforms, connectivity, and backups
• Conducting Virtual Depositions
  • Tips for creating a professional remote environment
  • Managing screen-sharing, digital exhibits, and recording tools
  • Addressing privacy and security concerns in online settings

Break | 3:30pm – 3:40pm

II. Advanced Techniques and Strategic Considerations for Depositions | 3:40pm – 4:40pm

• Questioning Strategies for Both Formats
  • Adapting questioning techniques for virtual environments
  • Strategies for handling evasive or combative witnesses
• Using Exhibits Effectively
  • Presenting and marking exhibits in virtual depositions
  • Navigating challenges with physical evidence in in-person depositions
• Real-Time Issues and How to Handle Them
  • Managing objections and disruptions
  • Addressing technical failures during virtual proceedings
• Post-Deposition Follow-Up
  • Reviewing and correcting transcripts
  • Leveraging deposition recordings for trial preparation
• Emerging Trends and Future Challenges
  • The impact of AI and transcription technology on depositions
  • Trends in hybrid deposition models