(C01-9999RSL) 10,000 Fifth Avenue
Seattle, Washington 98104
(206) 555-5555
1 CIVIL RULES
2 APPENDIX C. VIRTUAL DEPOSITIONS
3 See LCR 30(b)(4)
4 The Honorable Robert S. Lasnik
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
11 AT SEATTLE
12 ABC CORPORATION,
No.: C01-9999RSL
13 Plaintiff,
STIPULATION REGARDING
14 v. CONDUCTING VIRTUAL
DEPOSITIONS
15 XYZ COMPANY, INC.,
16 Defendant.
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Pursuant to Federal Rule of Civil Procedure 29(a), the parties agree to the following
protocols regarding virtual depositions in this matter:
Virtual Depositions. The depositions of witnesses in this case shall be conducted by a
remote videoconference platform until otherwise agreed.
Notice and Login. [Option 1:]The parties intend to use ____________ as the court reporter and
______ as the virtual platform, but may use another court reporter or platform if the need arises.
Login information will be provided to all parties no later than 24 hours prior to the start of the
STIPULATION REGARDING CONDUCTING VIRTUAL Law Firm of Lawyers
DEPOSITIONS - 148 10,000 Fifth Avenue
No.: C01-9999RSL Seattle, Washington 98104
(206) 555-5555
1 deposition. [Option 2:] The deposing party will disclose the name of the court reporting agency
2 and virtual platform to be used at least one week in advance of the deposition. Login
information will be provided to all parties no later than 24 hours prior to the start of the
deposition.
Physical Presence with Deponent. The deponents will be made available for deposition
by video. The only person permitted in the same room as the deponent is the deponent’s lawyer,
in which case the deponent and the deponent’s lawyer will each have their own computer with
camera, and individual or shared audio feeds via microphone or telephone. No deponent will be
required to be present in the same room as another person if the deponent wishes to be deposed
11 alone.
12 Conduct of Deponent. While on the record the deponent will not use any
13 communication device other than those to facilitate the deposition. While on the record, the
14 deponent will not privately confer with anyone between a question and an answer except for the
15 purpose of determining the existence and questions of privilege. This stipulation does not
16 govern the conduct of anyone while not on the record.
17 Contact with the Deponent During a Virtual Deposition. While on the record, no one
18 will communicate with the deponent outside of the video/audio stream. This includes, but is not
19 limited to, instant messaging, text messaging, or any equivalent. In the event any such
20 communications occur, the parties agree that the communications are discoverable.
21 Technology Requirements. All virtual depositions will be stenographically recorded by
22 a court reporter with real-time feed capabilities. The deponent, the deponent’s lawyer, and the
23 questioning attorney must have a webcam-equipped device (such as a desktop, laptop, or tablet),
24 and a device with audio-capabilities or access to a telephone for calling into the deposition, and
STIPULATION REGARDING CONDUCTING VIRTUAL Law Firm of Lawyers
DEPOSITIONS - 149 10,000 Fifth Avenue
No.: C01-9999RSL Seattle, Washington 98104
(206) 555-5555
1 will allow themselves to be seen and heard at all times during the deposition. Unless directed
2 otherwise by the court reporter, all other attendees will turn video off such that their names
appear instead of their images (but they may view the video feed of the deposition). Counsel for
the deponent shall be responsible for ensuring that the deponent has access to the required
equipment on the day of the deposition and that any equipment checks or tests (as instructed by
the deposition services vendor) have been completed prior to the deposition. Noticing counsel
are not responsible for the quality or functionality of the video and audio stream for the deponent
or other participants.
Identification of Individuals in Attendance. Every person attending the deposition
shall be identified on the record at the commencement of the deposition or upon later entry
permitted by the court reporter. Persons attending by telephone must identify themselves by
name and by telephone number. Under no circumstances may persons attend the deposition
virtually in any manner without identifying themselves on the record at the commencement of
the deposition or when admitted later by the court reporter.
Conduct by Participants Appearing Virtually. In addition to the provisions set forth
above, each participant should attend from a quiet location. All attendees other than the
deponent, court reporter, deposing attorney, and objecting attorney will set their audio
19 connection to mute to avoid unintentional noise.
20 Exhibits. [The parties should include in this agreement a method for sharing and
21 reviewing exhibits. The following are suggested examples that may be modified as appropriate.]
22 [Example 1: The parties may mark and share exhibits using a court reporting agency’s
23 technology which facilitates the sharing and review of exhibits through chat and/or exhibit share
24 features. The exhibits should be shared in such a way that allows the deponent to increase the
STIPULATION REGARDING CONDUCTING VIRTUAL Law Firm of Lawyers
DEPOSITIONS - 150 10,000 Fifth Avenue
No.: C01-9999RSL Seattle, Washington 98104
(206) 555-5555
1 size of the exhibit and scroll through a multi-page exhibit so that the deponent may review the
2 entire document.]
[Example 2: The parties may transmit each exhibit, either in advance of the deposition or
as each exhibit is introduced, to court reporter, the deponent, and the deponent’s lawyer via
email or file-sharing link. If the exhibits are transmitted in advance of the deposition, the
deponent and the deponent’s lawyer agree not to open or review the exhibits until the parties are
on the record at the deposition. The parties may also elect to transmit a hard copy of the
exhibits to the deponent and the deponent’s counsel in advance of the deposition, which will not
be opened until the parties are on the record at the deposition.]
Disruptions. In the event the deponent, the deponent’s lawyer, or the questioning
attorney’s video feed is interrupted or otherwise becomes hidden from view, the deposition will
be suspended, and the parties will go back on the record only when that person’s video stream
functionality has been restored. Disruptions due to video streaming, phone line interruption, or
other technical problems shall not be counted against record time.
Court Reporter and Videographer. The parties stipulate, in accordance with Federal
Rules of Civil Procedure, that the court reporter or videographer (if noticed) may participate in
the virtual deposition, and that the deposition will be deemed to have been conducted “before”
19 that officer, even though the officer is not physically present with the deponent, so long as that
20 officer is able to identify the deponent. The court reporter will at all times have access to the
21 same interface as the witness.
22 Other Recording. No participant other than the court-reporting agency and
23 videographer (after appropriate notice) may record by video, photograph, or audio any of the
24 proceedings. This shall include recording using any form of virtual transmitting device,
STIPULATION REGARDING CONDUCTING VIRTUAL Law Firm of Lawyers
DEPOSITIONS - 151 10,000 Fifth Avenue
No.: C01-9999RSL Seattle, Washington 98104
(206) 555-5555
1 computer recording device, laptops, camera, and personal device, including smart phones,
2 tablets, iPads, Androids, iPhones, Blackberries, or other PDAs. Nothing in this provision
prevents or limits the taking of notes by those identified on the record.
This stipulation will be in effect until one of the parties provides notice of the need to
make changes to it and agreement is reached, or the court orders that other procedures shall
apply. The parties agree to make this stipulation Exhibit 1 to the depositions in this case.
DATED this ______ day of ______________, 20___.
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STIPULATION REGARDING CONDUCTING VIRTUAL Law Firm of Lawyers
DEPOSITIONS - 152 10,000 Fifth Avenue
No.: C01-9999RSL Seattle, Washington 98104
(206) 555-5555
