Remote Depositions vs. In-Person

When to Consider Remote Depositions

The most compelling reason to continue to take depositions remotely is cost. Remote removes all travel costs, and attorneys find they can conduct more depositions in a short amount of time. Susman Godfrey trial lawyer Andres C. Healy’s team conducted 15 virtual depositions in one three-week span and found that they reduced costs by up to one-third. As we all know once your clients get used to these kinds of cost reductions it can be difficult to go back.

Going remote with your depositions can also speed up discovery schedules by reducing scheduling conflicts with the other side. Coordinating multiple parties for in-person depositions often leads to delays due to conflicting calendars and travel logistics. Remote options simplify this process by allowing attorneys, witnesses, and court reporters to participate from different locations, making it easier to find mutually agreeable dates. This flexibility is particularly valuable in complex cases with tight timelines or when working with parties in different time zones.

A final reason to consider remote deposition is the court reporter shortage. There is a severe shortage of court reporters in the United States. According to the National Court Reporters Association (NCRA) membership statistics, there are approximately 27,000 stenographic court reporters in the U.S., with an average age of 55, indicating a significant portion of the workforce is nearing retirement. The demand for stenographic services continues to grow, yet the supply of professionals entering the field remains limited. Remote depositions can help mitigate this shortage, as court reporters can handle more cases per day without the need to travel, making it easier to secure services for your desired date and time.  

The In-person Advantage

On the other hand, nothing beats an in-person deposition for critical witnesses in bet-the-company cases or if you’ve got an adversarial opposing counsel and have concerns about witness coaching. Many attorneys also report that they can build rapport and assess credibility more easily in person. And of course, the possibility of computer glitches goes way down – if you have a witness who struggles with technology or internet connectivity then in-person should be considered. Another situation where being in-person is preferable is when a witness requires an interpreter. A deposition can certainly be taken remotely with an interpreter but it is preferable to be in person in this situation. Lengthy depositions are also better done in person – no one wants to sit on a videoconference for 7 hours a day, it is just too exhausting. 

Conclusion

Disruptions, whether from unforeseen events or logistical challenges, will continue to shape how depositions are conducted. Remote depositions offer clear advantages in terms of cost and convenience, while in-person proceedings remain key for certain high-stakes cases and addressing the needs of witnesses. The best approach is to assess each case and determine whether an in-person or remote format best serves your client’s objectives.