Discovery is the investigative phase of preparing for a lawsuit. It takes place before a trial begins and outside of the courtroom, usually involving depositions that can occur face-to-face or remotely with video conferencing technology . It’s common for clients to have questions about what happens during discovery and what they will need to reveal about their case. Here are the answers to some common questions about the discovery process.
What information is shared during discovery?
Generally, any information that is relevant to the case, even if only tangentially, has to be provided to the opposing side during discovery, if it is requested. Only information that is legally protected or privileged is exempted. This information may include anything a witness saw, heard, or said that is relevant to the case; the identity of anyone who may have additional information about the case; and any documents that relate to the dispute. Only information that was obtained through privileged conversations, such as between husband and wife or lawyer and client, is excluded from discovery. In some cases, information that violates someone’s privacy, such as information about health or sexual orientation, is exempt as well. Sometimes, the court may require that information be disclosed during discovery but may bar the other side from sharing it and leave it out of the court record to protect confidential or private information.
How is information obtained during discovery?
Depositions are part of most discovery processes. They can happen in a central location in person, or they may be conducted via video conferencing. A court reporter will record the deposition as the attorneys question witnesses to obtain information. Interrogatories are similar to depositions, except that the questions are written, but answers are still given under oath. The attorneys may also ask for specific evidence and request admission of certain facts so that the two sides don’t need to argue about basic, agreed-upon information.
Pulone Reporting Services can make your discovery process easier with conference room rentals, legal transcription, and court reporting in Palo Alto, California and the Silicon Valley area. To schedule one of our services, please call (408) 280-1252.
Video conferencing has proven to be quite useful in the legal field. Attorneys often use video conferencing near San Jose, California to depose remote witnesses and keep in touch with colleagues and clients. But the versatility of a well-equipped conference room extends to other areas of the legal field, including professional arbitration. Arbitrators often handle complex cases that can sometimes take as long to resolve as the average trial. They need to frequently communicate with all involved parties and juggle an intense schedule of meetings. Video conferencing technology cannot make a case any less complex, but it can certainly improve the flow of information and eliminate the hassle of coordinating meetings and travel among different parties.
Video conferencing is an incredibly versatile tool. It may be used during any stage of the arbitration process, from the pre-hearing conferences to the arbitration hearings to the decision. In fact, some arbitrators manage an entire case from start to finish through video conferencing. The arbitrator and involved parties can all be in different locations around town or scattered around the country. Video conferencing technology streamlines the arbitration process by eliminating the need to travel.
Some arbitrators may be hesitant to try video conferences, with good reason. The early technology didn’t lend itself to smooth, clear communication. The video quality was grainy and the audio was often choppy, and it could be disconcerting when delays occurred between a person’s speech and the movements of his or her mouth. But as long as arbitrators book well-equipped conference rooms with high-quality video conferencing equipment, there is no need to worry about clarity. Today’s technology offers exceptional audio and visual. Arbitrators not only hear every word clearly; they can read facial expressions and body language with ease.
Another major benefit of using video conferencing technology in the arbitration field is its cost-effectiveness. Booking a video conference room is far more economical than booking a flight and hotel room. Perhaps even more significantly, remote arbitration proceedings save time for all involved parties.
Videoconferencing and video recording technology have made communication easier and faster than ever before. Today, testimony may be recorded via video for later submission during a court case, along with a written deposition. Because body language plays a vital role in the delivery of testimony, it’s important to ensure your witnesses understand the behaviors they should avoid if their deposition will be recorded via legal videography in the San Francisco Bay Area.
Presenting a Professional Appearance
A witness or expert’s appearance can heavily influence the assumed validity of his testimony. When preparing a witness for a video deposition, it’s best to ensure he presents a clean and professional image, just as he would if he were appearing in court in person. Furthermore, holding the video deposition in a conference room or office will provide a professional but unobtrusive background that will allow viewers to concentrate on the testimony, rather than on any distractions a busier environment might contribute.
Avoiding Distracting Behaviors
It’s important to consider distracting or nervous behaviors and how to avoid them during a video deposition to ensure your witness appears both professional and calm. Make sure all phones and PDAs in the room are turned to silent and put away during a video deposition, and ask that your witness be aware of his hands and avoid playing with pens or other objects during recording.
Preventing Long Pauses
During a traditional deposition, witnesses may be encouraged to take their time when remembering facts or considering the answers to certain questions. However, long pauses are often perceived in a negative light when viewing video testimony, as silence can make a witness appear unsure or evasive. Thus, prior to a video deposition, you may want to ask your witness to remain aware of the time he takes to answer questions. While pausing to recall facts or giving brief answers is not wrong, you may ask him to explain why he needs additional time to think during the video recording.
During a deposition, witness testimony is recorded by a professional court reporter . This process takes place outside the courtroom, typically in an office or conference room, and ensures that witness testimony is preserved through stenographic recording and legal transcription. Depositions also provide valuable information about the case prior to trial. If you will be appearing for a deposition in person or via video conferencing in San Jose, knowing what to expect can help you feel calmer and more confident.
This video shows several example scenes to help witnesses better understand the deposition process. You will learn how to assess questions to give the most accurate answer and project the most professional image. Additionally, you will learn what to do if you are interrupted or feel your examiner has made an assumption that could cause you to answer in a way that you do not feel accurately portrays the facts.
Witness Preparation Training
In the corporate world, communication is king. Expanding your company overseas might seem like a smart move, but if your executives can’t communicate clearly with their points of contact abroad, then your business deals can easily become financially disadvantageous or they may fall apart entirely. An interpreting service based in Silicon Valley could be the key to getting deals done with a minimum of fuss. Before solidifying your plans to expand your business overseas, you’ll need a reliable interpreter who can be present at meetings and video conferences to ensure that each party’s message is clearly communicated .
Even if your company already has a foothold in the global economy, hiring a professional interpreter could be the key to boosting sales. Many established companies end up losing their competitive advantage overseas because their executives and lower level employees fail to communicate appropriately. With an interpreting service, your company’s message will not only be clear, but also culturally sensitive.
The professional court reporter has long been an indispensable fixture in modern courtrooms, but some have raised concerns that court reporters in San Jose and across the country may soon be replaced by high-tech voice recognition software. Voice recognition software does have its uses. Workers with carpal tunnel syndrome, for example, can use it to help fulfill their computer-related work tasks. But for such a sensitive field as the legal profession, it is highly unlikely that technology will ever be able to replace court reporters.
Immediate Access to Real-Time Feeds
It’s no secret that court reporters are responsible for producing unfailingly accurate transcripts shortly after the court proceeding, but they also serve an important function during a hearing or trial. Court reporters almost instantaneously produce real-time feeds, which are accessible to court clerks, law clerks, judges, jurors, media members, and all other parties. If wireless technology is available in a courtroom, then these real-time feeds are easily and securely deliverable to these parties, allowing any authorized individual to instantly check the record. This aspect of court reporting is especially important for individuals who have hearing loss.
Unsurpassed Reliability and Accuracy
As sophisticated as voice recognition software has become in recent years, it simply can’t mimic the accuracy and reliability of a professional court reporter. Court records that are accurate beyond question are essential for ensuring a fair and impartial appellate review for all parties.
Superior Noise Discrimination
Voice recognition software may excel when one person is speaking clearly and evenly into a microphone, but it fails at discriminating among multiple speakers and it may run into trouble with the typical background noise of a courtroom, such as papers being shuffled, throats being cleared, and parties whispering to each other. A court reporter is fully capable of discriminating between voices, understanding heavily accented voices, and discerning the difference between background noise and speakers. Additionally, a court reporter won’t inadvertently include off-the-record conversations in the official transcript-a mistake that could prove disastrous to a party to a legal proceeding.
At Pulone Court Reporting, our experienced court reporters offer legal videography in San Jose that allows you to supplement your written legal transcriptions with synced video feeds. A digital court video recording can be quickly accessed, edited, and shared with anyone on your legal team. We can securely store your court video recording in your firm’s online transcript repository, so that it can be accessed remotely on any authorized computer.
When you use our legal videography services, one of legal videography and production experts will make sure that your court video recording is synced to your legal transcription. This will allow you to organize your case more efficiently, quickly access critical information, and view your legal transcription and court video recording simultaneously.
Having access to a court video recording is invaluable in the rare case that someone alleges that there is a discrepancy between what was said in a court proceeding, and what is printed in the legal transcription. It’s incredibly easy to verify the accuracy of the legal transcription by simply watching your court video recording.
Although many lawyers have yet to make extensive use of remote depositions , there is no question that they are playing an increasingly prominent role in the legal field. In fact, some judges have ruled that in order to meet the ethical duty of competence, it’s essential for attorneys to become familiar with teleconferencing, video conferencing, and document digitizing in San Jose, CA. That said, holding a remote deposition does present unique challenges. After becoming accustomed to the procedures; however, lawyers are likely to find that the benefits of remote depositions far outweigh the drawbacks.
Preventing Technical Glitches
One major concern with remote depositions is the possibility of technical glitches. Many lawyers try to avoid remote depositions at all costs because they’ve had bad experiences with “scratchy” audio quality during teleconferences or poor Internet connectivity during Web conferences. Another common technical glitch is the possible incompatibility of the conferencing platform with various devices. These problems can quickly turn a carefully planned deposition into a complete fiasco. Fortunately, the video conferencing solutions for these problems are simple: Contract with professional court reporting services. With a conference room rental, you can receive sophisticated equipment right at your fingertips. The equipment will already be set up for your use and it’ll provide you with broadcast-quality video conferencing. You can also rest assured that the parties involved will be able to connect from any location in San Jose with any device.
Dealing with Nonverbal Responses
Another common objection lawyers raise when confronting the possibility of remote depositions is that the witnesses may provide nonverbal responses and cues. Whether or not a witness is being deposed at a remote location, nonverbal responses may be an issue. The solution is the same for remote depositions as it is for in-person depositions. Provide the witness with clear, comprehensive instructions before the questioning begins. Some witnesses may need a few reminders to give their answers verbally instead of nodding or shaking their heads. Similarly, some lawyers may be concerned that the opposing counsel might be inappropriately giving their witnesses nonverbal cues from behind the camera. The simple solution for this problem is to have multiple cameras capture different views of the room.
Video conferencing has become commonplace in corporate environments and courtrooms, as it allows parties to connect in real time from anywhere in the world. Whether you are hosting a meeting with international clients, conducting web-based interviews for remote employees, or setting up a video deposition in San Jose, it is important to work with a trusted provider of video conferencing services. As you prepare to host or participate in an upcoming video conference, remember these key tips for conducting a professional meeting remotely.
Behave like you would in a face-to-face meeting
As a general rule, any behavior that would not be acceptable in an in-person meeting will also be considered unprofessional in a video conference. Side conversations, text messaging, and interruptions should all still be avoided when you are participating in a video meeting. Looking into the camera throughout the meeting and wearing professional clothing are advisable for video conferencing.
Speak clearly, but don’t shout
While having a trusted video conference service will enhance the quality of your audio, you may still need to make an effort to annunciate clearly and speak slowly to ensure that all participants can you. You will want to avoid yelling or shouting, but speaking with a clear volume and tone is essential for helping the meeting go smoothly. If you are the meeting presenter, try to avoid excessive hand gestures and be sure to provide a shared screen so that remote participants can follow along with your presentation.
Conduct the conference in a quiet, work-appropriate space
If you are calling in to a video conference, you should make sure that you have a quiet space available to minimize distractions. Barking dogs, ringing phones, or other background noises can be a significant interruption for others on the call. Muting yourself while you are not talking or wearing headphones for the call is also helpful for minimizing excess background noise.
Court reporters in San Jose, CA, provide fast and accurate transcription of discussions in a variety of settings, including courtrooms, legal offices, and business meetings. Professional court reporting and other types of legal transcription rely on the use of a stenography machine, which allows swift shorthand strokes to be processed into a readable transcript for later review.
This video takes a closer look at stenography, often simply called “steno.” During transcription, a stenographer uses a specialized keyboard to record words in a shorthand form, which are then processed to create the final transcript. Stenography allows a professional court reporter to take notes at the speed of normal human speech; this type of writing method also reduces errors for a verbatim transcript with excellent accuracy.
- video conference
- Video Conferencing
- Cideo Conferencing Solutions
- Video Conferencing Solutions
- Court Reporters
- Transcript Repository
- conference room
- court interpreter
- Customer Reviews
- repository service
- Pulone Reporting Services
- legal transcripts
- Small Business
- Meeting Minutes
- video grapher
- steno machine
- video conferencing solutions San Jose