Steven Babitsky ,Esq.

I participated in this conference call which had some takeaways for experts on virtual deposition and trials.

A federal judge, expert, and two trial lawyers spoke.

Here are some of the suggestions for video depositions:

  • Be prepared for special ground rules and questions.
  • You may be asked to:
    • Show your report on video.
    • Tell us what you have access to.
    • Tell what is in your reach.
    • Move your cell phone to another room.
    • Slow down.
    • Give lawyers time to react.
    • Avoid complacency.
    • Dress up and go to a conference room to be deposed (if possible).
  • Remember zoom fatigue: ask for longer and more frequent breaks.
  • Anticipate internet problems (hard wired).
  • If at a home office, deal with kids, pets, bandwidth (other devices), internet hotspot, etc.
  • Consider multiple monitors.
  • Be prepared to view, annotate, and manipulate documents.
  • Treat the deposition professionally and not too casually just because it is being performed remotely.
  • Get nimble with the technology so you will be comfortable.
  • Practice with the lawyer and the technology.


As more and more expert witness depositions will be performed remotely, experts will want to master this format. Virtual trials are just in the infancy and have a way to go before becoming more common.