COVID-19 and resulting social distancing guidelines instantly created the need for attorneys to consider alternative solutions to in-person depositions  to avoid unnecessary discovery delay. This article presents litigators helpful tips to consider in order to maximize the efficiency and conduct an effective remote deposition for your client both during the COVID-19 pandemic and in the future once our daily practice returns to some normalcy.

Florida Supreme Court Administrative Order AOSC20-23 addresses the need for attorneys to conduct depositions remotely by permitting the use of audio-video communications in order for a court reporter to administer an oath to witnesses for depositions and other legal testimony. Suddenly litigators of all generations now must become familiar with new technological platforms to conduct depositions. Although many attorneys would prefer depositions be conducted in-person, a mere preference to conduct a deposition in-person is not a presently recognized legal objection in Florida to a remote deposition. If your opposing counsel is refusing to schedule a remote deposition of their client to occur without any legitimate objection, you can move to compel the deposition just as you would an in-person deposition pursuant to Rule 1.310 and 1.380, Florida Rules of Civil Procedure.