With the advent of technology, nowadays, remote deposition is conducted via video conferencing and audio calls. Whatever the medium for the testimony may be the importance of clear communication remains constant and never changes.
Here are the reasons why communicating with clarity during deposition is essential:
1. Gestures can’t be written
Humans tend to communicate with their gestures. However, the written deposition transcripts cannot record them. Eye rolls, hand gestures, facial expressions, uneasiness, are not recorded in the transcription. The attorney from other parties may alter the questions while interrogation but the COURT REPORTER will pay the least attention to any of the deponents' non-verbal communication. Non-verbal communication only gets recorded during the video recording.
2. Avoid, huh, oh, uh uh.
English is full of sounds that express words like no, yes, I don’t know or maybe etc. However, such sounds fail to be registered in a deposition, plus it creates confusion. So, it is essential to tell deponents to avoid such verbal utterances and keep their communication precise and clear. Clear communication during the deposition helps in preventing miscommunication and misinterpretation. It also helps in speeding up the deposition process.
The counsel of other parties usually asks typical and multiple questions altogether to confuse the deponents. Still, deponents should break the question into parts and answer them in yes/ no or brief. You should also instruct the clients and witnesses to avoid answering in a confusing way or with non-verbal communication. You should be aware that the opposing counsel can use deponents rambling answers to doubt the credibility of the statements.
4. Review the evidence before deposing
Always remember that deponents can review any documents related to the case before giving any statements for recording. Whether it is an insurance policy, medical policy, and medical or accident report, deponents can review policy and based on that they can deliver their answers.
5. Answer in estimates
Several times the deponents are asked questions estimating time, size, distance, etc. When these types of questions come up, deponents should answer the question but should add that these are estimated and not facts. Many times it is difficult to recall the exact chain of events, so it is better to answer in estimate instead of allowing counselling of another party to discredit the deponent’s statement.
6. Clear communication with Court Reporter
Clear communication with court reporters matters the most. You must keep in touch with COURT REPORTING FIRM before, during and after the deposition. When you schedule a testimony for your client, discuss the expected duration and location with a court reporter.
7. Fix errors and jargon in transcriptions or any alterations
After you receive the copy of transcription, it is advisable to read the deposition thoroughly to rule out any grammatical mistakes and jargon. In many countries, the court allows the counsel to make any changes within 30 days. This period enables the counsel and the deponents to review the statements, correct the steno-graphical error and clarify jargon presented during depositions. When you want to alter anything from the transcription, the changes should be requested, and the witness must sign the statement stating the reason for the change. The deponents’ statement and counsel statement along with original transcription all become a permanent record.
It is essential to note that significant changes in the elements of testimony are usually not allowed by courts, In some cases, if the significant changes are made, it leads to the charges of impeaching the witness or reopening of the deposition process. Therefore a counsel must explain to the client about keeping crystal communication during the deposition.
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