Remote and hybrid depositions are now routine, but exhibits remain the part most likely to derail a session. When everyone is in different cities, you can't slide a binder across the table. Handling exhibits well online comes down to preparation, the right platform, and a clear understanding of who controls the official record.
Pre-Mark Whenever You Can
The single biggest time-saver in a remote deposition is pre-marking exhibits before you go on the record. Instead of fumbling to introduce documents live, you upload and number them in advance so they're ready to display.
- Decide on a numbering convention up front. Many practitioners use sequential exhibit numbers across the whole case rather than restarting each deposition, which avoids duplicate "Exhibit 1" confusion later.
- Agree with opposing counsel on whether you'll use numbers (1, 2, 3) or party-coded labels (P-1, D-1). Local rules and judges' preferences vary by state and even by courtroom.
- Save each exhibit as its own clean PDF, named clearly (e.g.,
Exhibit_007_Email_2024-03-12.pdf). Stripping prior markup and stray annotations prevents accidental disclosure of work product. - Send your exhibit set to the court reporter or platform host ahead of time when the platform allows a private pre-load, so the reporter can mark and manage them smoothly.
Even if you can't pre-mark everything, pre-loading a "likely" set covers most of what you'll actually use.
Choosing How to Share Exhibits
There are a few common approaches, each with trade-offs.
- Integrated deposition platforms. Purpose-built remote depo tools let you privately stage exhibits, mark them on the record, and release them to the witness and counsel with one click. These keep marking tied to the transcript and are generally the cleanest option.
- Videoconference screen share (Zoom, Teams, etc.). Workable for simple cases, but screen sharing alone doesn't create a marked, segregated exhibit file. You'll still need a separate mechanism to formally introduce and transmit the document.
- Secure file links or shared folders. Useful as a backup channel, but avoid open email attachments for sensitive material. Use links that expire or are access-controlled.
Whatever you choose, the court reporter (or the reporting agency hosting the session) typically manages the official exhibit collection. Confirm this in advance so two people aren't separately "keeping" the exhibits.
Marking Exhibits on the Record
Marking is what turns a document into evidence tied to the testimony. In a remote setting:
- State the exhibit number clearly on the record before questioning: "I'm marking as Exhibit 14 a two-page email dated..." This anchors it for the transcript even if the visual lags.
- Make sure the witness can actually see the document. Ask them to confirm: "Do you see the document on your screen?" A surprising number of disputes trace back to a witness who never clearly viewed the exhibit.
- Give the witness a moment to scroll through multi-page documents. Online, people often see only the first page unless prompted.
- If you need the witness to annotate (circle a signature, mark a location), use a platform with witness-annotation tools, and preserve both the clean and the marked versions.
Protecting the Official Record and Chain of Custody
The reporter's marked exhibits, matched to the transcript, are the authoritative set. Treat everything else as a working copy.
- Confirm at the end of the deposition that the reporter has every exhibit you introduced and that the numbers match what's on the record.
- Watch for the "introduced but never shared" gap: a document you referenced verbally but never actually transmitted. Reconcile your list before going off the record.
- Decide on sealing or confidentiality handling before sensitive exhibits are displayed, especially under a protective order. Once a document is screen-shared to all participants, you can't un-ring that bell.
- For video depositions, remember the visual of the exhibit may also appear in the synchronized video record, so what's on screen matters.
A Simple Pre-Deposition Checklist
- Exhibits saved as individual, clearly named PDFs with prior markup removed
- Numbering convention agreed with opposing counsel
- Platform tested, and you've confirmed who hosts and who holds the official exhibits
- A backup sharing method ready in case the primary tool fails
- A reconciliation plan to confirm the reporter received everything at the end
Work With a Reporter Who Knows Remote Exhibits
Remote exhibit handling goes far more smoothly when your court reporter is experienced with the platform and proactive about managing the marked set. Practices and pricing for remote depositions, exhibit handling, and tech support vary by region and by agency, so it's worth asking specifically how a reporter manages exhibits before you book.
You can search and compare court reporters and reporting agencies for free on courtreporter.co to find professionals who handle remote and hybrid depositions in your area.