Below please find a practice guide to proceeding with video teleconference depositions. This same technology is being utilized for arbitrations, mediations and other meetings and proceedings. So long as attorneys and witnesses have internet access and a device (smart phone, tablet, laptop or PC) with a camera, a deposition can proceed in a virtual video teleconference room while each of us is in a different location.
#De bene esse deposition trial
While you may have certain cases and witnesses requiring in-person testimony, COVID-19 challenges need not disturb the majority of fact depositions and the taking of de bene esse trial testimony. Hubert, Esq., of Szaferman Lakind, and Mark Renzi of Renzi Legal Resources This deposition was 55 minutes long, and I got 59 pages.Īll in all, it was fun, but I think I kind of like my general transcription world better, though I was wondering the entire time I was typing if I could make more money scoping.By: Craig J. In my area, most transcripts are 22 lines per page, unlike the California standard format. I had forgotten how many pages Q and A can generate, and I think I didn't charge enough. This is where charging a per-minute rate can be a good thing, knowing how much the job is before you start.
So, instead of charging a page rate, I charged a per-minute rate. I requested a credit card to guarantee payment, and they asked if they could give me a check. I had never worked for this entity before, as they were a referral. That's where having one format, like Califronia, works best, I think, eliminating questions on style and format. I kept going back and forth on that contents page, trying to decide which style I like best. What took the longest amount of time for me was setting up the title page, appearances, and content page. A competent court reporter would have told them to speak one at a time. Of course, the videographer didn't have a court reporting ear and ask for the spellings at the conclusion.Īlso, there was simultaneous speaking several times. However, I did have one a phonetic parenthetical by a person's name that I could not find. I must say, though, that the audio quality was excellent, and that was a plus. I was uncomfortable doing this job, as I don't do legal anymore. Should I use standard deposition format? Do I not use the term "VOIR DIRE" in the EXAMINATION BY lines?
#De bene esse deposition how to
What I am asking for is how to label the EXAMINATION BY lines. If this was in court, the opposing counsel's questions would be considered "voir dire examination." A de bene esse deposition is supposed to be the expert's testimony outside of court but for court use later on, I think.ĭo I just carry it as examination by counsel for the plaintiff and/or examination by counsel for the defendant? Am I supposed to insert "voir dire examination" when opposing counsel wants to see if this witness is truly qualified to be an expert? Opposing counsel wants to then ask a few questions, what I'm thinking is voir dire. I was given the DVD and no notes.Īfter the first counsel examines the witness, asking him his credentials as a doctor, he states in colloquy that he wants to submit this witness as an expert. After a few phone calls between the videographer and a few court reporting companies in my area, it was referred to me. The videographer was a notary and gave the oath to the witness. A court reporter did not show up for a video deposition, and the lawyers agreed to go forward with the de bene esse deposition anyway.
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