Civil discovery: oral depositions: transcriptions

The law creates a secure electronic alternative to sealed paper delivery while preserving safeguards against alteration and loss.

What the law does ​

• Allows a deposition officer or registered reporting entity to electronically transmit a certified transcript when the noticing attorney requests it.
• Requires notice to other parties before electronic transmission.
• Requires end-to-end encryption, or encryption both while stored and transmitted.
• Requires a file format that prevents modification and lets parties and courts verify authenticity.
• Requires the receiving attorney or party to protect the electronic transcript from loss, destruction, or tampering.
• Allows courts to treat a compliant electronically transmitted transcript as an original certified transcript when the presenting attorney certifies it is a true and correct copy.

Who it affects ​

• Attorneys and parties who notice oral depositions.
• Deposition officers and registered deposition reporting or transcription entities.
• Parties to civil cases and courts reviewing deposition transcripts.