Skype Deposition

[Scott Burgess]

Has anyone done a Skype deposition recently?  Out of state attorney needs to take an expert witness at the expert's residence due to back injury sustained by witness.  Any feedback regarding Skype pitfalls would be appreciated.

[Greta Duckett, CCR, RPR, CRR]

Skype is the worst tool to use.  I will not use Skype.  It cuts out when someone on one end speaks, there is sometimes a lag.  I would urge the attorneys to use videoconferencing.  

[Emily H.]

Something else to concern yourself with is whether the rules in the state where the witness is located and/or the deposing attorney is located require the witness to be sworn in by a court reporter or notary who is physically present with the witness.  There are some situations where maybe you can take the depo via Skype but will have to get someone to go to the witness to swear him/her in, in person.

[Scott Burgess]

The witness is unable/unwilling to travel to a videoconferencing facility due to injury.  The court reporter will be at the witness's location.  Haven't heard any real positives regarding Skype depositions.  Anyone had a good experience?

[Michels Court Reporters]

I've used Skype a fair amount with no real problems, but if you have the option to move them just a little away from Skype, I've had good luck with Zoom video. Just be sure to use the call-in number so that you're not dependent on the computer audio, which can be pretty spotty.

Also, a Jabra USB blue-tooth speakerphone used with a cell phone sounds as good as using a landline.  If you're stuck with Skype, I'd consider using a cell phone with a blue-tooth speakerphone rather than relying on a computer for the audio.

[Sarah Padilla]

Pitfalls of any video or phone depos would be that if anyone makes noise while the person on video is talking, the video/audio side for that person cuts out.  This happens because this is a two-way video and unfortunately technology doesn't allow for audio to come through on both sides.  Also, have had experiences where even at the agency that was wired and set up with the latest in technology... but the person appearing by video didn't have that same connection, so there were lots of interruptions, lots of pissed off attorneys, and one frustrated court reporter who was there for hours to only end up with 70ish pages and a depo to be reconvened.  Let me add that the attorneys just didn't get that it was nothing on our end, so even with all of our accommodations, we were still the bad guys!  Ugh...