eLitigate FAQ

GENERAL

Esquire eLitigate is a dynamic, intuitive, purpose-built remote deposition platform combining high-quality video conferencing, secure integrated exhibit management, virtual sidebar rooms, and testimony review tools.

eLitigate integrates remote deposition features long requested by attorneys, working together as one simple, intuitive web application on one screen. eLitigate enables participants to fully participate in a remote deposition with the ease of being in an in-person deposition.

eLitigate clearly indicates when the deposition is on and off the record, has an on-record duration clock, and simple breakout rooms that promote private conversations, without prior set-up. ScriptSync, a feature unique to Esquire eLitigate, captures individual voices and creates a searchable speech-to-text transcript for in-session review and audio clip playback.

No. eLitigate has high-quality video conferencing built into its platform. This integration provides a superior experience for most participants who want video conferencing and exhibit management integrated on one screen.

Yes. Both the audio and video streams are encrypted end-to-end and protected by industry-standard AES-256 technology. Esquire eLitigate also has multiple redundancies in place to protect testimony from poor connections.

Not at all. eLitigate was designed to enable witnesses participate in a deposition with minimal effort.

No, not unless the witness is uploading documents to be used at deposition. The witness can simply click on the invitation link and enter as a guest.

No, not unless opposing counsel is uploading documents to be used at deposition. Outside counsel can simply click on the invitation link and enter as a guest.

eLitigate can support up to 50 high-definition video participants using the Microsoft Edge and Google Chrome browsers on both PC and Mac, and on Apple iOS devices using the vTestify Connect app in the App Store.

eLitigate is compatible with the latest versions of both the Google Chrome and Microsoft Edge browsers.

No, the platform is highly customizable and is fully functional on a single screen without the need for a second.

Yes, eLitigate is a versatile program that does not limit the user to a single screen. The pop-out feature allows multiple video feeds to be popped out into separate windows for multi-screen configurations.

Yes, you can join by telephone, computer audio, or a combination of computer and dial-in.

Yes. eLitigate is fully functional on the browser of Android devices. We also have a dedicated iOS application available on the App Store, called “vTestify Connect.”

No, the eLitigate platform leverages account-based authentication allowing the service provider to directly manage deposition access. However, if a participant does not need to upload and introduce exhibits, our “Join as Guest” feature allows the participant to join a specific proceeding with a provided link, but without creating an account.

EXHIBITS

Exhibits can be uploaded as soon as an invitation has been received, and during the deposition, if a last-minute document is required.

While eLitigate is simple to use, some attorneys may prefer to have someone else present and stamp the exhibits. If this is the case, we recommend having another member of the legal team upload the files into their own account, then introducing and stamping the exhibits during the deposition. This person can always grant control over the document to the taking attorney, if the attorney wants to scroll through the document, annotate or grant annotation to the witness, or direct others to a specific page. Once done, the other member can take back control and introduce the next exhibit.

No, eLitigate ensures that all uploaded documents, including the exhibit list itself,are completely hidden from all other participants until shared on the record.

eLitigate natively supports PDFs, image files (.png, .jpg) and Microsoft Office files (Word, PowerPoint, & Excel), which are automatically converted to the PDF file format. All other filetypes, including video and audio files, are supported via Screen Share.

Yes, exhibit stamping is built into the platform, with intuitive controls that make it easier than applying an exhibit sticker in a same-room deposition. We also optimize this workflow by tracking previous exhibit stamping and showing it on when placing a stamp on a new exhibit to make exhibit sequencing easier.

You can stamp before the deposition, at the introduction of an exhibit, or after discussing the exhibit, before closing the document.

Yes, Excel files can be uploaded into the native exhibit management system. In addition, screen sharing can be utilized to share a single application to showcase an Excel file and specific cell formulas.

Annotations can be done by anyone given permission by the Exhibit Owner. Our exhibit permissions controls allow the Exhibit Owner, the person who introduced the exhibit, to grant annotation rights to the Witness.

Yes, opposing counsel can introduce their own documents during cross-examination, or recall exhibits of the taking attorney.

Yes, the witness (and the other participants) can scroll independently through the pages of any introduced exhibit, as if they were sitting in the deposition room holding paper exhibits.

Yes, the taking attorney (or delegated presenter) can use the “Direct to Page” control to bring all participants to a particular page. This reduces time spent by others (including the witness) scrolling through their copy of the document to find the requested page.

Yes, there may be times when the taking counsel may want to pass control of the questioning to co-counsel. This is possible using the “Grant Control” button to grant control of the exhibit, and to take control of the exhibit back. When the co-counsel has been granted control of an exhibit, they can direct to page, annotate, and direct the witness to annotate.

Up until the deposition is ended, the stamp on any exhibit can be deleted and changed to correct a mistake.

Yes, while in-session you can retract an introduced exhibit using the Retract control in the “Exhibits List.”

Standard annotations included are freehand drawing, shapes (such as a box or circle), highlight, underline, and strike through, all using colors that indicate whether the presenter or the witness annotated the document.

SCREEN SHARING

Screen Share can be used to share the presenter’s entire screen, a single application (such as Excel or a video), and even a browser tab. Screen Sharepermits a controlled view of a screen or application

Yes, video and audio files, and other native filetypes supported by the presenter’s computer, are supported via Screen Share.

Yes, you have the ability to share an entire screen, individual applications, and individual browser tabs.

No, we currently do not support the application of stamps or annotations on files that were shared using Shared Screen. We recommend first sharing and stamping a placeholder page, then sending the final file to the court reporter for inclusions in the exhibits.

The Privacy Shade blocks the list of uploaded exhibits to prevent inadvertent Screen Share from revealing your exhibit list.

SIDEBARS

A breakout room in eLitigate is called a Sidebar, a virtual, secure breakout room. Much like a conference room at an office, you can simply ask others to join you for a private discussion in a Sidebar.Unlike Zoom, assignment by a host is not needed. Once participants have entered, anyone in the room can lock the virtual room so no one else can join. No discussions can be recorded or observed by others. The Sidebar is available throughout the deposition.

No, like a physical sidebar room, once the session is off-record, anyone can claim a sidebar room and verbally direct others to join them in the sidebar room.

No, the sidebar room cannot be recorded and can only be accessed while off the record.

Yes, anyone can enter sidebar rooms, unless it is locked!

Sidebar rooms may be locked from the inside of the room, like an in-person conference room.

VIDEO

A professional (remote) videographer is required to capture the deposition. When a legal videographer is assigned to the job, the videographer manages going off and on the record and monitors the quality of the video.

Our system does not mute or silence other speakers,thus allowing objecting parties to be heard. The reporter should control the room so that participants don’t talk over each other.

The video is exported to the MPEG-4 high-definition video format.

SCRIPTSYNC

ScriptSync is eLitigate’s AI generatedspeech-to-text testimony review tool that acts an assistant to the attorney for instant testimony review purposes during the proceeding and as a back-up recorder for the court reporter for transcription purposes after the proceeding. It provides audio redundancy, eliminating crosstalk by capturing individual voice tracks.

No, ScriptSync is not a replacement for Realtime. It is not exportable for post-deposition review. While the audio is 100% accurate, the transcribed text, while useful for searching, is not accurate enough for post-deposition transcript review purposes.

No, ScriptSync is not a rough transcript. It is not accurate enough to be used as a rough and is not exportable, meaning that it can be used only during the length of the deposition.

No. The court reporter captures the record and produces the final transcript. The court reporter may use ScriptSync after the proceeding to confirm what was spoken as they prepare the transcription. This is especially useful when deposition participants were talking over each other during the proceeding.

Yes, ScriptSync is keyword searchable.

Each participant’s audio is captured in a separate channel, using speaker diarization. This means if two people are speaking at the same time, each person’s sound is captured as (and played back) as a separate, isolated audio file.

All participants EXCEPT THE WITNESS have access to ScriptSync. The taking attorney can request to have ScriptSync turned off for everyone.

Yes, ScriptSync audio can be played during the deposition to review what was said on the record, either privately with earphones or microphone muted, or publicly, through the speaker and microphone.

The ScriptSync text is about as accurate as mobile phone speech-to-text tools, with accuracy varying based on audio quality and speech patterns.

POST-DEPOSITION

No. If a video of the deposition was created, it is because one of the parties requested a video record. The video will be provided by transcript and video order through the court reporter, or by standing order.

No, as with a traditional deposition, only the court reporter has access to the audio file post-session as a playback for transcript review and correction.

No, only the court reporter has access to the exhibits in eLitigate. As with a traditional deposition, the exhibits are distributed with the transcript based on the transcript order placed with the court reporter.

No, as with a traditional deposition, exhibits are provided as ordered through the court reporter or by standing order.

No, exhibits are provided as ordered through the court reporter or by standing order.

No, a ScriptSync session record does not exist as a single transcript and is not exportable. It is available only as in-session review tool.