Video depositions can be a great tool for the litigating attorney. More and more attorneys understand the advantages they can provide such as showing the demeanor of a witness or capturing an expert’s testimony who is not able to attend the trial in person. If you’re going to use video in a deposition, there are additional considerations you will need to take into account.
How do you prepare a witness for video? What’s the proper way to introduce video deposition testimony in court? How do you use exhibits with video depositions?
We’ve found some great resources that cover these questions and more, and we wanted to share them with you.
Michael Vercher from Christian & Small in Birmingham, Alabama, has written a good article that discusses aspects of preparing for a video deposition, including:
- How to prepare your witness for a video deposition
- Behaviors that may be different from a non-video deposition
- Tips for objections during a video deposition
This article, written by Christina Dixon and Jennifer Hohstein from Zupkus & Angell, PC, in Denver, Colorado, discusses some basics of using video testimony at trial, including:
- General rules for introducing video deposition testimony
- Using video testimony during opening statements
- Introducing video testimony during later stages of trial
This article appears in the Litigation News section of the American Bar Association website americanbar.org.
Trial Exhibits, Inc., a firm that focuses on litigation support and demonstrative evidence, offers some very practical advice for using exhibits in video depositions. Tips are given on:
- Size of exhibits
- Whether to use electronic exhibits
- Ways to deliver video that shows the exhibit and witness simultaneously
Fredric Lederer, Director of the Center for Legal and Court Technology at William & Mary School of Law, writes about the use of video, and when a physical presence is required. Lederer discusses:
- The widespread use of video for remote witness testimony
- Whether a defendant has the ability to testify from a remote location
- Whether remote video testimony is effective in legal proceedings
The National Court Reporters Association lists 62 standards for legal video depositions as set forth by the Certification Legal Video Specialist Council. A few of these items include standards for:
- On-camera identification of proceedings
- Need for impartiality and neutrality from the video specialist
From www.bitterlawyer.com, here is a collection of five YouTube videos showing portions of five poorly executed video depositions. These videos are a collection of examples of what not to do in a video deposition. Not only are these videos informative, but they are very entertaining.
There are many aspects of a video deposition that are unique compared to a deposition that is not being recorded with video. We hope these resources help you with your next video deposition.
If you liked this article, you might also enjoy “3 Additional Ways Attorneys Can Use Videconferencing to Save Time and Money.”