The Optimum Deposition Environment
Many elements go into creating the perfect environment for a deposition, examination under oath, or hearing. Comfortable room temperature, telephones turned off, and proper lighting are important, but this article deals with the positioning of the participants.
Ask yourself: how well do you hear a conversation when you're behind the speakers? Do you hear every word clearly, distinctly? Can you control a conversation if you're not even at the same table?
The court reporter needs to be able to control the discussion, and the perfect environment puts the court reporter's ears in front of the speakers.
"You need to be able to see the people," Anita Spurger explained. "You want to be in control of the situation. You want to be in the center where you can see and hear everything."
"There's always that person who mumbles or has poor English," Kim Spurger added.
The following situations do not involve an interpreter, but when an interpreter is used, the court reporter should be seated near them. "They are who you are listening to, not the witness," Anita explained.
1. The Bad
This is the traditional setup as seen in lawyer movies. While the main characters are grouped around a conference table, the court reporter is isolated in a corner of the room, disconnected from the discussion but amazingly able to hear everything and record it accurately.
Despite what Hollywood believes, this is the worst environment for a court reporter, and, consequently, a terrible environment for a deposition.
In Figure 1, the court reporter is effectively removed from the deposition environment. She cannot hear clearly and cannot see the speakers' mouths. She cannot monitor her audio recording equipment, has to get up to mark exhibits, and is in a very difficult position to temporarily stop the questioning if she needs something repeated.
2. Better
In Figure 2, the court reporter has been brought much closer. Hearing is improved and she can see what's taking place.
But the reporter is still at arm's length. It's still difficult to monitor the back-up audio tape recorder, and any exhibits remain out of reach.
While this is vastly preferable to Figure 1, the positioning of the court reporter is still an afterthought. The court reporter needs to be in a position of control.
3. Optimum
In Figure 3, the reporter is now fully integrated into the environment.
Her eyes and ears are in front of all the speakers, giving her maximum ability to hear.
She is in a control position at the head of the table. Exhibits are now within reach. She can monitor all equipment, and she can pause the questioning when necessary.
The witness is still centrally located. The witness's attorney is at the witness's elbow, and the deposing attorney is able to look the witness in the eye.
4. Adding Video
The typical setup for a videotaped deposition is to put the witness at one end of the table and the video at the other. This is the case in Figure 4.
The court reporter is kept at the table - not a bad arrangement for the reporter, but the deposing attorney is more removed from the deponent.
The alternative in this situation is to move the court reporter away from the table or to separate the witness from their attorney - neither a good option.
5. Optimum Video
Everyone is in their same position from Figure 3, but the video camera has been moved.
The court reporter has returned to the control position, and the videographer has been integrated into the environment. By putting the camera over the deposing attorney's shoulder, the witness now looks into the camera while addressing the question.
This is a television talk-show set-up. The witness does not need to look away from the interrogator in order to speak to the camera and, by extension, speak to the jury.
6. A Crowd
What about depos with more than one deposing attorney? The goals are the same, but meeting them requires substantial changes.
The court reporter and videographer are side-by-side, but still at the center of the environment and so in the control position. The court reporter's eyes and ears are still in front of the witness, and exhibits are within reach.
The deposing attorneys fan out from the center, but they're still facing the witness.
