The terminology “Above the Line” and “Below the Line” may be new to some. When talking about depositions an “Above the Line” deposition is typically the first thing that pops into the mind of most people, including attorneys, is that key witness; The person that can make or break your case. Now the term “Below the Line” covers everything from due diligence for your case to even low priority, third-party depositions taken by a co-defendant.
With an estimated 60 to 70 percent of depositions being below the line and, according to TheLawDictionary.org, “about 95 percent of pending lawsuits ending in pre-trial settlement” we find that a vast majority of U.S. depositions are done to simply confirm facts for out of court settlements.
Whenever we meet with an attorney and discuss remote testimony, the conversation always begins with the thought of a remote deposition with a key witness in their most important case. However, with a majority of discovery being the gathering of statements and identifying key facts rather than interrogating disagreeable witnesses, having a remote deposition platform in your toolbox simply makes sense in today’s world.