Remote Depositions
Despite the interruption of coronavirus/COVID-19, your depositions can still proceed using Zoom. Essentially, Zoom is an easy-to-use and free app that allows for secure and remote meetings to happen -- in our case depositions. And as long as both parties of the case stipulate to it, even a party witness like the Applicant does not need to be in the same room as the reporter! To discuss your Remote Deposition options with us, call (888) 566-0253 or email calendar@toddolivas.com.
Click to download flyer: | Click to download guide |
I'm going to use this page as a resource for clients and freelance reporters to learn about the particulars of doing Remote Depositions. This resource list will be added to from time to time. Please check back for any updates. Last Update: 8/12/2020
During COVID we have adopted the safety precautions shown in the video. This is our 1800 E. Lambert, Suite 220 Brea CA 92821 location. To schedule a deposition please visit this page or call (888) 566-0253.
BREAKING NEWS (4/6/2020) | Judicial Council approves emergency rule permitting remote depositions of parties without deposition officer present with the party. Under current law, unless the parties stipulate otherwise, the deposition officer must be present with a party witness during the deposition to prevent witness tampering. Click here |
BREAKING NEWS (3/27/2020) | Governor Gavin Newsom just signed an executive order suspending CCP 2025.310(b), allowing for flexibility in remote depositions by waiving the requirement that a party must be physically present with the depo officer. Click here |
NCRA | Helpful how-tos for remote depositions |
DRA | Guidance from the Deposition Reporters Association - Getting an admissible transcript remotely -The black letter law on California Remote Depositions & Options - Civil Procedure section 2025.310 - 2019 California Rules of Court: Rule 3.1010. Oral depositions by telephone,videoconference, or other remote electronic means - California Code of Civil Procedure section 2093(b) |
DRA | March 19, 2020 Update from CalDRA on COVID-19, Remote Reporting and Next Steps Forward |
DRA | Jamie Asbury's Remote Reporting Guide: What Equipment, Best Practices, Attendee Checklist, Troubleshooting |
TOA Storytellers Podcast | Listen now to Todd Olivas' podcast featuring Jamie Asbury, Vice President of the Deposition Reporters Association of California. We speak about the rise of Remote Depositions given the current coronavirus environment. To listen, simply find “TOA Storytellers” on your favorite podcast app (Apple, Android, Spotify) or visit http://www.toddolivas.com/podcast |
| Some CSRs are reading statements like these on the record | |
| EXAMPLE DENOTING THE LOCATION | When conducting remote depositions, many reporters update their language regarding the location of the deposition. “Deposition of MARY P. JACKSON, conducted virtually” – in lieu of “Deposition of MARY P. JACKSON, held at the offices of…” |
| EXAMPLE VERBIAGE #1 | Before we proceed, I will ask counsel to agree on the record that under the current National Emergency pursuant to Section 319 of the Public Health Service Act, there is no objection to this deposition officer administering a binding oath: |
| EXAMPLE VERBIAGE #2 | Good morning/afternoon. My name is {CSR}. I am a California certified stenographic reporter, CSR Number {#}. (optional): Due to the current National Emergency of the COVID-19 virus, this deposition is being handled via remote means. Today’s date is {day}, {month} {#}, {year}, and the time is approximately {time}. This is the deposition of {name} in the matter of {case}. This case is venued in the {court}. The case number is {#}.At this time I will ask counsel to identify yourself, state whom you represent, and agree on the record that there is no objection to this deposition officer administering a binding oath to the witness via Zoom. Let’s start with the noticing attorneys... |
| EXAMPLE VERBIAGE #3 | We'll go on the record now. I'm not in the same location as the witness. Is there any objection to my administering the oath remotely? [insert colloquy here ] - or [no audible response from counsel] Hearing no objection, I'll now swear in the witness... |
| EXAMPLE REPORTER CERTIFICATE | That prior to being examined, the witness named 7 in the foregoing deposition was remotely sworn by me to 8 testify to the truth, the whole truth, and nothing but 9 the truth; 10 That said deposition was remotely taken down by 11 me in shorthand and thereafter reduced to typewriting 12 under my direction, and the same is a true, correct, and 13 complete transcript of said proceedings; 14 That if the foregoing pertains to the original 15 transcript of a deposition in a Federal Case, before 16 completion of the proceedings, review of the transcript 17 ( ) was ( ) was not required. 18 I further certify that I am not interested in 19 the event of this action. 20 Witness my hand this ____________ day of 21 _______________________, 2020. 22 |
| Some clients are including verbiage like this on their deposition notices | |
| EXAMPLE DEPOSITION NOTICE VERBIAGE #1 | PLEASE TAKE NOTICE that the deposition of [________] will be taken in the above-entitled action before a Certified Shorthand Reporter duly authorized to administer oaths in and for the County of [________], State of California by way of REMOTE VIDEO CONFERENCING. The deposition will take place at [________], on [DATE], at the hour of [TIME] (Prep 9:00 a.m.) of said day and continue from day to day thereafter, Sundays and Holidays excepted. |
| EXAMPLE DEPOSITION NOTICE VERBIAGE #2 | PLEASE TAKE NOTICE that the deposition of [________] will be taken in the above-entitled action before a Certified Shorthand Reporter duly authorized to administer oaths in and for the County of [________], State of California, at TODD OLIVAS & ASSOCIATES, 29995 TECHNOLOGY DRIVE, SUITE 205, MURRIETA, CA 92563 [VIA ZOOM VIDEO CONFERENCE] on [DATE] at the hour of [TIME] of said day and continued from day to day thereafter, Sundays and Holidays excepted, until completed. |
| EXAMPLE PROOF OF SERVICE BY MAIL | On [DATE], I served the within NOTICE OF TAKING DEPOSITION BY REMOTE VIDEO CONFERENCING on the named parties in said action by placing a true copy thereof, enclosed in a sealed envelope, with postage thereon fully prepaid, in the United States Mail at [CITY], California, addressed as follows: ...service list... Court Reporting Agency Todd Olivas & Associates Calendar@toddolivas.com *** ALSO TO COORDINATE REMOTE DEPOSITION VIA ZOOM *** |
View this post on InstagramA post shared by Todd Olivas & Associates (@toddolivas) on
View this post on InstagramA post shared by Todd Olivas & Associates (@toddolivas) on
Wednesday, March 18, 2020
