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This year, Wyoming will join the list of states adding structure and protocol to remote depositions by augmenting its rules to meet modern legal practice. In July 2024, The Wyoming State Supreme Court issued an order adding Rule 30.1 to the state rules of civil procedure. This new rule, which will take effect on October 1, 2024, covers a range of default protocols for remote depositions, rules which include requirements for appropriate notice, appearance, and security throughout the remote deposition process.
Wyoming state judiciary acknowledges need to evolve
The adoption of Rule 30.1 comes as Wyoming, like many other states, considers the changing landscape and increased influence of legal technology. As referenced by Wyoming Supreme Court Chief Justice Kate Fox in her 2024 State of The Judiciary Address, recent events and societal impacts have contextualized the need for traditional institutions such as state courts, however begrudgingly, to change course and adapt to modern demands:
“The Wyoming judicial branch is adapting to the rapidly changing needs of our society. The judiciary is not known for its innovation, nor should it be. Much of the value of the court system and the rule of law is in its stability and its predictability. But I read recently that, up until 1960, human knowledge doubled about every century. Today, it’s estimated that human knowledge doubles about every 12 hours. Add to that the societal changes that greatly impact the judiciary in the form of an epidemic, of mental illness, and substance abuse, the great increase in litigants who are not represented by lawyers, and technological advances that demand e-filing and remote court appearances, and a new kind of agility is required of us.”
Wyoming outlines protocol for civil remote depositions
Including remote depositions to meet the demands of modern society reflects Wyoming’s search for newfound “agility.” As frequently discussed on this blog, remote technology affords an opportunity to increase flexibility and availability while reducing costs and burdens often associated with in-person proceedings. For Wyoming, Rule 30.1 may be qualified as a logical next step from current rules of civil procedure. State rule 30(b)(4) allows parties to stipulate or the court to order remote depositions. Rule 30.1(a) will recognize and provide structure to such remote depositions in civil cases:
“Depositions conducted in a manner that allows the deponent and all other persons entitled and required to attend a deposition the opportunity to participate in person without being physically present at the same location as all deposition participants (“Remote Deposition”) may be conducted in any civil case.”
Some areas of proper protocol for remote depositions include, but are not limited to, the following:
- Rule 30.1(c) authorizes remote oath administration, noting that, “The witness may be sworn in remotely with the same effect as an oath administered in person.”;
- Parties must provide at least 7 days notice and name the “Remote Deposition Vendor” that will host and record the remote deposition;
- The notice of deposition must include adequate instructions for parties to participate in the remote deposition;
- Parties shall meet and confer to discuss remote deposition protocol, including participant identification, vendor identification, sign-in credentials, and exhibit sharing;
- Remote Deposition Vendors are expected to have adequate security features to protect confidentiality, as well as safeguard the deposition, exhibits, and audio/visual feeds to the remote deposition;
- Parties must test their remote deposition equipment, system, and internet connections at least twenty-four hours in advance of the proceeding;
Regarding participant appearance in the remote deposition, Rule 30.1 provides the following non-exhaustive list of protocols:
- Witnesses are encouraged to appear using quiet, well-lit, indoor settings with neutral backgrounds;
- Split screen views, upon request, may be used to showcase both the witness and relevant exhibits during the remote deposition;
- The ability to share the same physical location as the witness is limited to the Deposition Vendor, the court reporter and/or videographer, deposition participants, party representatives, and party/witness counsel.
- Party/witness counsel must provide at least twenty-four hours notice to all other parties prior to appearing in the same physical location as the witness;
Finally, state protocols also seek to address concerns of foul play in remote depositions. Rule 30.1(g) speaks to the matter of witness coaching, applying communication restrictions during the course of remote depositions:
“All private chat features on the remote connection being utilized shall be disabled. All applications on the witnesses’ device, other than the applications being utilized to conduct the deposition, shall be closed. No witness shall communicate with any person (verbally, in writing, or by conduct) while on the record at the deposition in a manner that the examining attorney cannot personally observe through the videoconference technology.”
A service aligned with modern protocols for remote depositions
As state courts continue to outline and develop protocols, attorneys must choose a service provider that is familiar with the necessary expectations for effective remote depositions. Readback is a remote deposition service designed to meet the modern expectations of attorneys seeking to leverage legal technology in the best interests of their clients. Readback utilizes its patented speech-to-text technology to produce the deposition transcript. That transcript is simultaneously edited by a team of human transcribers with a live feed to the remote deposition. A human Guardian conducts the remote deposition, assists with exhibits, addresses technical concerns, and ensures that the proceeding runs smoothly. Readback’s flagship service level, Active Reporting, provides rough-draft transcripts in one hour, certified transcripts in one day, and access to near-time text during the proceeding, all at flat rates. Want to learn more? Visit Readback’s Frequently Asked Questions page to see how the process works and learn more about this game-changing service for remote depositions.
* Disclaimer: Readback is neither a law firm nor a substitution for legal advice. This post should not be taken as legal opinion or advice.
