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AgileLaw: FAQ 3-12: answer

by Haroon Khalid

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AgileLaw is not in the business of giving legal advice so any decisions on how to handle the objection should ultimately be left to the lawyer. We do have some friendly suggestions, however. First, ensure there are no local rules prohibiting the use of electronic exhibits. If there is no rule prohibiting it then you should be able to do what you want. It is your deposition so conduct it as you see fit. Approach it the same way as if opposing counsel were objecting to a video deposition. Second, with the volume of e-discovery and scanned or electronic documents used in litigation it is unlikely that paperless depositions would receive much push back from a court. Third, you can bring a single paper copy or print the exhibits you reveal on-site. Fourth, you can point out the many benefits of the software including cost and time savings for all the parties. Finally, the technology is secure and designed to ensure that all participants receive identical copies. Unlike paper there’s no risk that one of the participants gets a copy of an exhibit that is missing pages or is otherwise different from all the other exhibits. If you have further advice on this topic please share it with us!

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