Essential Tips for Witnesses Being Deposed Over Zoom: How to Prepare and What to Expect

In the era of virtual communication, Zoom depositions have become a standard practice in civil litigation. While the fundamental process remains the same as an in-person deposition, the virtual format introduces unique challenges that witnesses must navigate carefully. Whether you are a plaintiff, defendant, expert witness, or fact witness, it is crucial to prepare properly to ensure that your testimony is clear, professional, and credible.

Unlike a casual Zoom meeting with friends or coworkers, a deposition is a formal legal proceeding where every word you say is recorded and could impact the outcome of a lawsuit. The opposing attorney will scrutinize your statements, body language, and even technical issues like internet lag or background noise.

In this guide, we will discuss the critical nuances of giving a deposition over Zoom, including:

✅ Ensuring a strong internet connection

✅ Using a laptop or desktop (not a phone or tablet)

✅ Making sure you are alone in the room

✅ Avoiding using notes or outside assistance

✅ Listening carefully and responding clearly

By following these best practices, you can avoid common pitfalls and give confident, effective testimony that upholds your credibility.

1. Understanding the Importance of a Zoom Deposition

A deposition is sworn testimony given under oath before trial. The opposing attorney will ask you questions, and your responses will be recorded by a court reporter or through video. While you may not be physically in a courtroom, you must treat a Zoom deposition just as seriously as if you were testifying in person.

2. Ensuring a Strong Internet Connection: Why It Matters

One of the most common problems in Zoom depositions is a poor internet connection, which can result in:❌ Audio cutting out mid-response❌ Video freezing, making it hard for attorneys to assess your demeanor❌ Delays or lag, causing awkward pauses and potential misinterpretations

How to Ensure a Reliable Internet Connection

✅ Use a wired connection if possible (connect your computer directly to your router with an Ethernet cable).✅ If using Wi-Fi, sit as close as possible to your router.✅ Test your internet speed before the deposition (you need at least 10 Mbps upload/download speed for a smooth experience).✅ Turn off other devices using Wi-Fi (phones, smart TVs, or other people streaming video can slow your connection).✅ If necessary, use a backup (such as a mobile hotspot, but only as a last resort).

3. Always Use a Laptop or Desktop—Never a Phone

While Zoom is accessible on smartphones and tablets, using a phone for a deposition is a major mistake.

Why Phones Are a Bad Choice for a Deposition

❌ Small screens make it harder to see documents or attorneys clearly.

❌ Poor audio quality increases the risk of mishearing questions.

❌ Accidental disruptions (calls, notifications, or battery issues) can interrupt the deposition.

❌ Shaky video if you don’t have a stable stand or tripod.

Best Device for a Zoom Deposition

✅ Use a laptop or desktop computer with a stable webcam.

✅ Make sure your microphone and speakers work properly (consider using a headset with a microphone for better sound).

✅ Keep your device plugged in to avoid battery issues.

4. Make Sure You Are Alone in the Room

Depositions must be conducted without outside interference. Unlike an in-person setting where attorneys can see if someone is present, a Zoom deposition relies on your honesty in ensuring that no one else is in the room.

Why You Must Be Alone

❌ Other people prompting you (even silently) can be considered witness coaching, which is unethical and could damage your credibility.

❌ Background noise or interruptions from family members or pets can be disruptive.

❌ Confidentiality concerns—the opposing attorney will not allow a third party to listen in unless properly disclosed.

Best Practices for a Private Deposition Environment

✅ Find a quiet, well-lit room with no distractions.

✅ Close the door and let others in your home know you cannot be disturbed.

✅ Turn off all notifications on your phone and computer.

✅ Ensure no one else is present (if there is a concern, you may be asked to pan your webcam around the room).

5. Do Not Have Notes or Outside Assistance

Why You Should Avoid Using Notes

❌ Opposing attorneys can ask to see them (anything you reference may become evidence).

❌ Looking down frequently may make it seem like you’re not being truthful.

❌ Your answers should be natural, not scripted.

What If You Need to Reference a Document?

• If documents are necessary (e.g., contracts or reports), they will be provided by attorneys in advance.

  
  

• If you are unsure, ask your attorney beforehand whether you will need to reference anything.

  
  

What to Do Instead of Using Notes

✅ If you forget something, say so—"I don’t recall at this time" is an acceptable answer.✅ Listen carefully and take a moment to think before responding.✅ Ask for clarification if a question is confusing.

6. Listen Carefully and Respond Clearly

Unlike an in-person deposition, Zoom can introduce audio lag or miscommunication issues. It is essential to be extra mindful of how you listen and respond.

Best Practices for Listening and Answering Questions

✅ Wait for the full question before responding (never interrupt).

✅ Pause briefly before answering to ensure the attorney has finished speaking.

✅ Speak slowly and clearly to ensure your answer is recorded accurately.

✅ Keep answers concise—only answer the question asked, and do not volunteer extra information.

✅ If you don’t understand a question, ask for clarification.

7. Avoid Common Mistakes That Can Weaken Your Testimony

Even small mistakes can impact how your testimony is perceived. Here are common errors to avoid:

❌ Talking Too Much

• Keep your answers short and to the point.

  
  

• Do not try to explain your reasoning unless specifically asked.

  
  

❌ Guessing or Speculating

• If you don’t know the answer, say so—never guess.

  
  

• Example: Instead of saying, “I think it was around 5 PM,” say, “I don’t recall the exact time.”

  
  

❌ Showing Frustration or Arguing

• Stay calm and professional—opposing attorneys may try to provoke you.

  
  

❌ Forgetting That You Are on Camera

• Maintain neutral facial expressions and good posture.

  
  

• Do not look away or fidget excessively—it may be interpreted as dishonesty.

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Final Thoughts: Be Prepared, Stay Professional, and Protect Your Credibility

Zoom depositions may feel less formal than in-person proceedings, but they are just as legally significant. By following these best practices, you can give clear, credible, and confident testimony that supports your case.