I would consider doing a deposition over the phone any time I would consider doing a deposition via written questions. The problem with written questions is that there is no way to react to the answers as they happen. While over the phone is a pale comparison to an actual oral deposition, it still allows for more dynamic control over the deposition than a written deposition through the ability to ask different questions that occur as a result of answers, abandon fruitless lines of questioning, and focus in on ones that turn up unexpected evidence. As Peri and John have said, when a witness is vital but unavailable to appear in person, perhaps because they're in jail or out of the country, using a phone is the next best alternative.
I would say you should only conduct a deposition via telephone if you only have a few questions you have to ask or if the person is unavailable to be there - either due to distance, illness or otherwise. I agree with everyone else that you should conduct a cost-benefit analysis and determine if it is a key witness or if it is one that a telephone deposition would suffice.
With today's technology, I don't think I'd ever conduct a deposition over the phone. I would prefer to use something like Skype so that I could still see the deponent's body language and facial expressions. This would also save time and money as others have mentioned.
You should consider taking a deposition by telephone call if it would be too costly to depose someone who, for example, lives across the world, etc.
ReplyDeleteIf getting the deposition in another way would be either cost prohibitive or impossible due to the person's ability to travel.
ReplyDeleteI would consider doing a deposition over the phone any time I would consider doing a deposition via written questions. The problem with written questions is that there is no way to react to the answers as they happen. While over the phone is a pale comparison to an actual oral deposition, it still allows for more dynamic control over the deposition than a written deposition through the ability to ask different questions that occur as a result of answers, abandon fruitless lines of questioning, and focus in on ones that turn up unexpected evidence. As Peri and John have said, when a witness is vital but unavailable to appear in person, perhaps because they're in jail or out of the country, using a phone is the next best alternative.
ReplyDeleteI would say you should only conduct a deposition via telephone if you only have a few questions you have to ask or if the person is unavailable to be there - either due to distance, illness or otherwise. I agree with everyone else that you should conduct a cost-benefit analysis and determine if it is a key witness or if it is one that a telephone deposition would suffice.
ReplyDeleteWith today's technology, I don't think I'd ever conduct a deposition over the phone. I would prefer to use something like Skype so that I could still see the deponent's body language and facial expressions. This would also save time and money as others have mentioned.
ReplyDelete