Litigation teams are filling their calendars, filing exhibits, and arranging depositions as dockets become increasingly crowded. In 2026, anticipate increased strain on reporter availability, challenges with hybrid proceedings across different time zones, stricter privacy redaction standards in public filings, and higher authentication requirements for digital and AI-generated evidence.
This article explains how to issue remote deposition notices, use live transcripts, and manage the 30-day errata window in the legal practice. It also details syncing impeachment video clips, preparing courtroom presentations with the assistance of a dedicated technician, coordinating interpreters for remote hearings, and planning hybrid rooms. Finally, it outlines setting up secure transcript storage with tracking, building reusable checklists, and scheduling priority bookings in the first half of the year.
Reporter Capacity and Lead Times In 2026
The availability of reporters remains limited in many jurisdictions, affecting scheduling and turnaround times for multi-day depositions. It is advisable to allocate extra lead time for real-time reporting, daily transcripts, and expedited certified delivery. In areas with busy calendars, lock in coverage during the notice phase rather than after the meet-and-confer.
Maintain a record of processing activities for litigation data sets in your practice area:
Request availability during date selection, not after notices go out.
Confirm rough, daily, or standard turnaround at booking.
Build a backup plan for overflow sessions or spillover days in the same week.
Share term sheets, case-specific dictionaries, and party name lists with the reporter before the session.
Courts nationwide continue to report a consistent shortfall in legal services.
Remote Depositions for Federal Courts
In federal court, parties can agree—or a court may order—that a deposition be conducted remotely. Notices should specify the platform, access instructions, exhibit handling procedures, recording procedures, time zone, and the roles and locations of the officers involved. Detail how the oath will be administered, who controls the recording, and where sealed items will be stored. Conduct a brief technical rehearsal to verify audio quality, bandwidth, and permissions for screen sharing for counsel, witnesses, interpreters, and officers. Implement a late-exhibit protocol with time-stamped additions to maintain an organized record.
Use the checklist below to keep the session on track from notice through the day-before verification:
Include remote procedures in the notice and attach a short protocol.
Run a platform check and backup dial-in the day before.
Use electronic stamping with a consistent exhibit index.
Assign one person to read the call-in list and confirm attendance on the record.
After completing these items, note the date and time of each step in your file so objections can be resolved on the record and the deposition proceeds on schedule.
Real-Time Transcription Without Sacrificing Record Quality
Real-time feeds enable counsel to track testimony, refine questioning, and flag designations for motions and trial purposes. Treat the rough output as a working draft and the certified transcript as the authoritative record. If you expect a same-day briefing, align delivery windows and staffing ahead of the session. Prepare a spelling list and terms of art so the dictionary reflects the case file for legal professionals.
The following steps set up real-time updates and ensure the record remains accurate throughout the session, leveraging automation:
Specify whether you need rough, daily copy, or standard delivery.
Provide a terms list to improve readability in real time.
Coordinate with co-counsel on tagging issues live so follow-up outlines are ready the next morning, leveraging legal technology to enhance communication.
Store the rough and certified copies in separate folders to prevent mis-cites.
After completing these items, record who handled each task and when so that delivery targets are met and transcript citations stay accurate.
Errata Timing, Signatures, and Requests Under Rule 30(E)
When a review is requested before the deposition is completed, the deponent has 30 days from the time they are notified that the transcript or recording is available to review and sign a statement of changes with reasons. Determine who will request the review, who will distribute the transcript, and how signatures will be collected. Keep track of the deadline within your transcript repository.
Below are some steps legal assistants can follow when requesting a depo review:
Ask on the record whether the deponent requests review.
Send a dated review notice and set automated reminders for counsel and the witness.
Require reasons for each change and keep the signed errata with the certificate to reshape compliance in the legal market.
Update your designation set if changes affect page-line cites.
Because courts treat substantive changes differently, plan objections and designations should be made accordingly.
Privacy Redaction for Filed Excerpts
Before submitting deposition excerpts, verify redaction rules for personal identifiers. Redact any sensitive information or handle it under seal in accordance with applicable regulations and local practices. Publicly filing protected information without redaction could result in a waiver.
Use the filing audit below to prepare public and sealed sets before filing in the legal services sector:
Run a redaction checklist before any filing.
Keep an index showing which exhibits appear in public versus sealed sets, in accordance with the new 2026 laws.
Train reviewers to spot birth dates, financial account numbers, Social Security numbers, and minors’ names.
Store sealed and public PDFs in separate directories with clear labels.
Keep both a public copy and a sealed bench copy, and record which version was filed, served, or given to chambers.
Authenticating Digital Evidence for Law Firms in 2026
Rules 902(13) and 902(14) permit the self-authentication of specific electronic evidence through certification, rather than requiring live testimony. Use hash values and process descriptions to support the certification. Remember that authentication is separate from hearsay; ensure you apply the applicable exception in your legal practice if needed. Confirm notice timing well in advance of motion practice or trial so the opposing party can evaluate the certification.
The following steps will help attorneys ensure reliable certification and provide timely notice:
Capture hash values when exporting device data or system logs.
Store chain-of-custody and process documentation with the media.
Calendar notice deadlines for 902 certificates.
Test exhibits and clips on courtroom hardware in advance.
By providing notice well in advance of motion practice or trial, the opposing party has enough time to evaluate the certification.
AI-Related Evidence and Compliance Items to Watch in 2026
Two regulatory tracks may influence discovery and vendor management next year:
1. EU Artificial Intelligence Act. Regulation 2024/1689 takes effect on August 2, 2026, with earlier milestones already in place. Cross-border matters and multinational clients may expect documentation on model governance, risk controls, and data provenance, especially for general-purpose and high-risk systems.
2. Colorado’s AI law. According to SB24-205, Colorado requires developers and deployers of high-risk systems to exercise reasonable care to prevent algorithmic discrimination, which is now slated to take effect on June 30, 2026. Discovery requests may seek impact assessments, notices, and governance artifacts that vendors use to demonstrate compliance with the standard.
The following steps demonstrate how to use AI evidence while ensuring compliance:
Ask third-party providers for risk documentation and data lineage when AI systems generate analytics or media used in litigation.
Preserve prompts, outputs, model versions, and any transformation steps when AI assists with summaries or demonstratives.
Record screening procedures for deepfakes and synthetic audio or video before offering exhibits at a hearing or trial.
Document these practices in an ESI protocol or protective order addendum to ensure clear roles, notice obligations, and retention terms. Confirm that vendor agreements specify confidentiality, audit rights, retention schedules, and notice triggers for AI-generated or synthetic content, along with their underlying datasets.
Indiana’s Example of Privacy Updates Impacting Repositories and Exhibit Sets
Indiana’s Consumer Data Protection Act will start on January 1, 2026. Teams handling transcripts, exhibits, or contact lists containing data of Indiana residents should review controller-processor agreements, workflows for data subject requests, and retention policies. Consider state privacy laws as future triggers for permissioning, data retention, and secure deletion within transcript repositories.
Use the list below to implement Indiana’s requirements across repositories and exhibit sets:
Map repositories that contain resident data for states with new effective dates.
Standardize role-based access across co-counsel and vendors to streamline operations in the legal tech space.
Align destruction schedules with legal holds and privacy obligations.
Maintain a record of processing activities for litigation data sets in your practice area.
After completing these actions, document the dates, responsible roles, and storage locations to maintain compliance with the 2026 law firm requirements. Review the plan quarterly as new state laws take effect in 2026, with a particular focus on the implications for legal departments.
Creating Synchronized Impeachment Clips from Video Depositions
A dependable clip pipeline begins with maintaining a pristine record: capturing high-quality audio, ensuring stable framing, and providing lighting that keeps the witness clearly visible during exhibits. The subsequent steps are straightforward: import the certified transcript, synchronize it with the recording, assign page and line designations, and export to courtroom-ready formats with captions as needed. Test your video deposition clips on the venue’s playback system and store alternative encodes on a backup drive.
The practices below keep exports consistent, traceable, and ready for courtroom playback:
Use a picture-in-picture layout that supports document camera views.
Store the sync file, designations, and exports in one directory.
Label clips with page-line citations for quick retrieval.
Prepare impeachment sets for common issues and load them the day before.
Once the set is assembled, compile a brief index containing file names, page and line references, and durations, then save it alongside the exhibit list. On the day of the session, perform a final playback check using the actual hardware and note any adjustments in your project log.
Interpreters And Multilingual Logistics for Remote or Hybrid Sessions
Match the language pair and subject matter to the previous context. Schedule American Sign Language or spoken interpreters early, and include a platform check to verify channel separation and turn-taking. Make sure the officer can hear both the interpreter and the deponent at all times, and keep any private line off the record. Offer glossaries or definitions for technical terms to maintain consistency in speech during the session.
The following items assist legal teams in establishing interpretation and safeguarding the record:
Add interpreter checks to your standard pre-flight.
Decide whether interpretation will be consecutive or simultaneous.
Confirm who will create the record if multiple languages are used.
Document any interpreter objections or clarifications on the record.
After the session, save the interpreter credentials, disclosures, and any on-record clarifications with the transcript packet. Also, note any timing or audio issues for future sessions.
Hybrid Depositions: Who Is in the Room and Who Is Remote
Hybrid sessions will become standard in 2026, accompanied by stricter venue technology regulations and increased oversight of record integrity. Consider the participant composition as part of your preparation for these upcoming changes. Develop a system that ensures the witness and examining counsel are present in person when strategy or venue rules demand it, while providing view-only remote access to experts and observers, thereby shaping the future of law.
The points below show how time-zone scheduling aligns with stricter approval windows for courtroom audio-visual setups:
Publish a one-page protocol with camera placement, muting, and sidebars.
Note time zones and expected breaks in your calendar invitation.
Use a single host to manage admits from the waiting room.
Log any technical interruptions with timestamps.
After posting the protocol, perform a short rehearsal with participants at their actual locations. Record any issues related to audio, lighting, or line-of-sight. Keep the protocol and rehearsal notes with the transcript materials, ensuring that you clearly document access, timing, and technical details.
Partner With Naegeli Deposition & Trial For 2026 Scheduling
Align your calendar now for remote depositions, real-time reporters, synced impeachment clips, and courtroom presentations that meet venue requirements.
NAEGELI Deposition & Trial coordinates court reporters, legal videographers, interpreters, transcript delivery, and trial technicians across jurisdictions, with exhibit handling and transcript portals that support high-volume teams in the legal industry.
To request a rate sheet or schedule services, contact NAEGELI Deposition & Trial at (800) 528-3335 or email schedule@naegeliusa.com. Click “SCHEDULE NOW” or use the live chat for nationwide client services.