The Remote Witness: Preparation Process

The Remote Witness: Preparing for a Trial or Hearing

This episode was originally released on June 11, 2020 | In the fourth episode of Holland & Knight's [https://www.hklaw.com/en] "Remote Witness Preparation" podcast series, "The Remote Witness: Preparing for a Trial or Hearing," litigation attorney Dan Small [https://www.hklaw.com/en/professionals/s/small-daniel-i] shares guidance for preparing witnesses to appear in a remote trial or hearing. Many witnesses develop their ideas about trials from movies and television, but a remote trial is a far cry from what's portrayed on the screen. The camera and physical separation make the environment especially strange for a witness, and can lead them to treat the situation more casually than is appropriate. Mr. Small outlines several areas to cover with witnesses so they understand the formality of the proceeding, communicate effectively during it and remain focused throughout it.

The Remote Witness: Preparing for Deposition

This episode was originally released on June 4, 2020 | In the third episode of Holland & Knight's [https://www.hklaw.com/en] "Remote Witness Preparation" podcast series, "The Remote Witness: Preparing for Deposition," litigation attorney Dan Small [https://www.hklaw.com/en/professionals/s/small-daniel-i] discusses how to handle a deposition in the remote environment. The COVID-19 pandemic means counsel will often not have a say in the decision to go remote. However, if given the option to postpone a deposition until it can be conducted live, counsel must consider several factors, such as cost and the quality of testimony. Once the decision to go remote has been made, no one should ease up on the normal rules of preparation simply because everyone is not in the same room. Logistics issues, proper communication, language barriers and errata sheets all must be covered by witnesses and counsel.

The Remote Witness: Preparation Process

This episode was originally released on May 28, 2020 | In the second episode of Holland & Knight's [https://www.hklaw.com/en] "Remote Witness Preparation" podcast series, "The Remote Witness: Preparation Process," litigation attorney Dan Small [https://www.hklaw.com/en/professionals/s/small-daniel-i] breaks down some of the specifics steps to take when preparing a remote witness. A rules booklet offers a helpful supplement for witnesses to review after speaking with counsel, an issues outline can help them stay on track and an exhibits binder can help them become more familiar with handling documents remotely. Finally, in the remote witness environment, a dry run becomes even more critical, as do a few old rules, like "smile, you're on camera" and "look up."

The Remote Witness: Preparation Challenges

This episode was originally released on May 21, 2020 | In the debut episode of Holland & Knight's [https://www.hklaw.com/en] "Remote Witness Preparation" podcast series, "The Remote Witness: Preparation Challenges," litigation attorney Dan Small [https://www.hklaw.com/en/professionals/s/small-daniel-i] explains how to approach the unique hurdles that come with preparing a witness to take the stand remotely. Although much of the preparation process remains the same, the differences are important to note. Recognizing and acknowledging the added challenges imposed by remote preparation, laying the foundation, talking about the virtual courtroom environment and taking time with technology are all key components of remote witness preparation. Addressing these issues will set a witness up for success and allow them to deliver thoughtful and honest answers while remaining as focused and formal as they would if they were in a live courtroom.