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March 3, 2024

Deposition Best Practices

Marina Dubson

Simple habits that help depositions run cleanly — from exhibits and spelling lists to pacing and Realtime readiness.

A clean deposition record starts before anyone says “on the record.” A few small preparations make the day smoother for counsel, witnesses, and the reporter.

Share what the reporter needs early

Send case captions, party names, unusual spellings, and exhibit lists ahead of time when you can. Technical terms, product names, and medical vocabulary are much easier to capture accurately with a short advance list.

Set the room up for a clear record

One speaker at a time, microphones that work, and a pace that lets questions finish before answers begin. Overlapping speech is the fastest way to muddy a transcript.

If you want Realtime, say so up front

Realtime is most useful when everyone knows it is running and how counsel will view the feed. Confirm connections, devices, and any rough or daily transcript needs before the first question.

Those basics keep the focus on the testimony — not on scrambling mid-session.