Technology litigation

Source code and attorneys'-eyes-only depositions

Testimony under the most restrictive tier of a protective order, handled to the order's terms rather than to habit.

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How it is handled

The order governs, and it is read first

Source code orders differ in access, printing limits, network restrictions, and designation mechanics. Assuming any of those is how a protected-material deposition goes wrong.

Access settled in advance

The order defines who may be present in a secured review room. Sending it before the date means the deposition officer's presence is resolved on paper rather than in an argument at the room door.

Segregated transcript volumes

Designated pages and exhibits bound separately, identified by designation category, with the designation noted on the original transcript so restricted testimony never ships inside the ordinary record.

Highest designation until noticed

Between the deposition and the written designation deadline, the whole transcript is treated at the order's highest tier unless the designating party agrees otherwise.

Sequence

A protected-material deposition, start to finish

  1. Order reviewed

    Access, printing and marking limits, network and device restrictions, realtime and rough draft availability, designation window, and delivery terms.

  2. Logistics confirmed

    Room, equipment permitted inside it, who attends, and how exhibits will be produced and marked under the order's printing limits.

  3. On the record

    Designations called on the record as they are made, so the boundaries of restricted testimony are captured while everyone is present.

  4. Designation and delivery

    Interim treatment at the highest designation, written designations attached on arrival, and segregated volumes delivered to the parties entitled to receive them.

Protected material

What counsel asks before the date

May the reporter be in the source code review room?
The protective order decides it. Most source code orders admit outside counsel, necessary legal support staff, retained experts, and court personnel, which is the category the deposition officer falls under. Send the order before the date so the answer is settled in advance instead of debated at the door.
How is source code testimony kept out of the ordinary transcript?
Designated pages and exhibits are bound separately into their own volume, identified by designation category, with the designation noted on the original transcript. That separate binding is the mechanism — without it, restricted testimony travels with every copy of the record.
What happens between the deposition and the designation deadline?
Protective orders typically give the parties a written window after the deposition to designate portions. During that window the entire transcript is treated at the highest designation in the order unless the designating party agrees otherwise. The final written notice is then attached to the transcript and to every copy in our possession.
Can we run realtime in a secured review room?
Sometimes. Many source code orders restrict what may leave the room and what may connect to a network, which can rule out streaming and limit rough draft distribution. We read the order and tell you what is actually available rather than promising a feed and withdrawing it on the day.
How are printed code excerpts handled as exhibits?
Under the order's printing and marking limits, which commonly cap page counts and require bates-marked, designated printouts. Exhibit numbering stays consistent across sessions so a later citation to a code excerpt resolves to the same pages.

Have a source code deposition scheduled?

Send the protective order with the notice. Access, realtime availability, and designation handling are answered before the date.

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