Tag Archives: out-of- state witness

RULES FOR TELEPHONE DEPOSITIONS

RULES FOR TELEPHONE DEPOSITIONS

Useful Insight for Attorneys and Court Reporters

In this new world of technology and inflated travel costs, why not do telephone or videoconference deps?  In fact, when timing or location are an issue for counsel or even the witness, this is the answer to endless cancellations and passing deadlines.

Since phone deps have become more popular, the question amongst reporters and attorneys has been, is it okay for me to swear in the witness over the phone?  The answer is two-fold; in other words, yes and no, depending on your state. 

There are states listed below that do have rules on phone deps that each notary/reporter should look into.  However, according to the NCRA, the states listed on the right of the below chart have no guidelines regarding phone depositions… For my local friends, Pennsylvania and New Jersey have NO RULES.

For those states on the left, the Director of the NCRA offers these three suggestions if you find yourself in a predicament that would violate your Notary oath:

1. Get a reporter to take the deposition with the witness.

2. Get an authorized oathgiver to swear in the witness.

3. When the witness is not in the reporter’s presence and there is no notary in the witness’s presence, if local rules allow, suggest that all parties, including the witness, stipulate on the record that the testimony is being given as if under oath.

Does your state have any laws, court rules or guidelines regarding telephone depositions?

Yes

Alaska
Colorado
Florida
Idaho
Indiana
Illinois
Maryland
Minnesota
Mississippi
Nebraska
New Mexico
New York
South Carolina
Tennessee
Texas
Utah
Washington
Wisconsin
Wyoming

 No

 Alabama
Arkansas
Arizona
California
Connecticut
District of Columbia
Delaware
Georgia
Hawaii
Iowa
Kansas
Kentucky
Louisiana
Maine
Massachusetts
Michigan
Missouri
Montana
Nevada
New Hampshire
New Jersey
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Dakota
Vermont
Virginia
West Virginia

 



Does Your Court Reporting Agency Offer You Free Videoconferencing?

The latest technology in court reporting is here and you should capitalize on it! Videoconferencing is a great way to get the testimony you need from out-of- state or even out-of-country witnesses without leaving the city.

Videoconferencing suites at your court reporting agency should be fully accessible to valued clients at no charge. For example, Ace Reporters, Inc. offers not only the complimentary suite, but also any necessary amenities such as, copying service, couriers, breakfast and / or lunch, free Wi-Fi, etc.

Here are three good reasons why you should be using videoconferencing:

  • Videoconferencing will save you money. There may be a charge at the remote location, but the fees are far less than traveling expenses.
  • Videoconferencing will save you time. It’s convenient to stay nearby and take the deposition in a familiar and comfortable setting.
  • Videoconferencing cuts out the unknown. No more hiring reporters that you don’t know! Remain confident with an agency you know and trust taking your important notes of testimony.