Witness preparation has always been one of the most critical aspects of litigation. Remote depositions add an entirely new dimension to this process — the technology itself becomes a variable that can impact witness credibility, comfort, and the overall quality of testimony.
Start with Technology Familiarization
Schedule a dedicated technology rehearsal at least 48 hours before the deposition. Use the exact same platform, device, location, and internet connection the witness will use on deposition day. Walk the witness through every feature they'll encounter: how to view exhibits, how to use the chat function to communicate with counsel privately, and how to manage their audio and video settings.
Test the backup plan. What happens if the witness's internet drops? Ensure they have a phone number to call in for audio if video fails. Verify that a mobile hotspot is available as a backup internet connection. Document these contingency procedures so the witness isn't panicking if something goes wrong mid-testimony.
The Physical Environment
The witness's physical setting communicates credibility on camera. Choose a room with a closed door, minimal background noise, and clean, professional surroundings. The wall behind the witness should be uncluttered — no bookshelves with distracting items, no windows with changing light, and absolutely no other people visible or audible.
Lighting is crucial. The primary light source should be in front of the witness, not behind them. Natural light from a window behind the witness creates a silhouette effect on camera, making them appear dark and unreadable. A simple desk lamp positioned behind the camera provides even, flattering front lighting.
Camera positioning matters for credibility. The camera should be at eye level or slightly above. A camera angled upward from below creates an unflattering perspective that can subconsciously affect how the witness is perceived. Stack books under the laptop if necessary to achieve the right height.
Remote-Specific Testimony Coaching
The fundamental principles of testimony preparation remain unchanged: listen to the entire question, pause before answering, respond only to what was asked, and don't volunteer information. However, several remote-specific behaviors require additional coaching.
Eye contact: Instruct the witness to look at the camera lens — not the video of the questioning attorney on screen — when answering. This creates the appearance of direct eye contact on the recorded video. It feels unnatural and requires practice, but it dramatically improves how the testimony is perceived when played back.
Verbal responses only: The court reporter cannot capture nods, head shakes, or hand gestures. Remind the witness to say 'yes' or 'no' rather than nodding, and to verbally describe any physical demonstrations. This is important in person but critical remotely, where a nod might not even be visible on a small video feed.
Pacing: Audio lag and digital transmission delays mean that speaking over the questioner is more likely and more disruptive in a remote setting. Coach the witness to wait a full beat after the attorney finishes the question before beginning their answer. This eliminates audio overlap and keeps the transcript clean.
Managing Exhibits Remotely
Review the process for viewing exhibits in advance. In a remote deposition, exhibits are typically displayed on screen by the presenting attorney or court reporter. The witness needs to understand that they should wait until the exhibit is fully loaded and visible before acknowledging it, and they should not attempt to scroll or manipulate exhibits on their end unless specifically asked to do so.
If physical documents will be referenced, pre-ship them to the witness in a sealed envelope with instructions not to open them until directed to do so on the record. This maintains the integrity of the exhibit process and prevents any appearance of advance review.
Day-Of Checklist
Provide the witness with a simple checklist: charge the device fully, close all unnecessary applications, silence all notifications and phones, log in 15 minutes early, have water nearby, and keep the backup phone number visible. These small steps eliminate the most common day-of problems and let the witness focus entirely on their testimony.