Can I depose a foreign witness by Skype?
Yes, you can. This approach is just now coming into vogue, thanks to much better Internet connectivity worldwide and the prevalence of Skype on computers almost anywhere you go. There are a few important caveats to keep in mind, however: Skype is not perfect and can often drop out or garble communications, especially in countries with bad Internet connectivity. Booking a professional videoconference facility instead of using Skype can assure a much better quality of connection, although there is a price to pay. If you choose to conduct your deposition by Skype, we strongly recommend having a speakerphone with the witness and a backup plan in place to proceed telephonically should Skype fail to work correctly. Also, your witness should be technologically capable, or at least have someone present who is, in order to ensure that Skype is installed and that their computer is configured correctly.
As with telephonic depositions, when taking depos via Skype we strongly recommend having the court reporter physically present with the witness abroad, as well as having a qualified legal videographer there to take a clean video and audio record of the proceedings. If your witness needs an interpreter, the interpreter should also be there with the witness.