VIP FAQ

A video deposition for many years has been considered the right of any party involved in a lawsuit. A witness can always file a motion with the court to avoid it, but they must have a very good reason, and it is not guaranteed that the court will grant their request.

The intent to film the deposition must be included in the deposition notice form, if it is not, the witness will have right to refuse the recording.

A written transcript is always needed in court, while a videographer can assist with this, it is preferable to have a court reporter perform this. The best situation is to have the court reporter present to ask for clarification and record the words in real time.

A videographer is also able to capture non-verbal communication. This can have a persuasive effect on a witness’ deposition. There are visual cues that the written testimony might not be able capture.

A video deposition can only replace a live testimony if this is agreed to by both parties as well as the judge. The law states that if a witness is present in court that they are required to give a testimony. However, some states have a more relaxed approach and if requested, an expert witness can be excused from court and a video deposition can be used instead.

Usually, the deposition videographer is hired by the attorney and usually is the same attorney who schedules the deposition and court reporter.

If a witness does not appear in court for some reason, a video deposition can be used in absence of a live testimony. Additionally, if there are many witnesses, the judge may order the use of video depositions as a time saving and practical solution. Specific segments of the video deposition can be selected for the jury. Furthermore, it is easy to pick different questions and answers to play from various time slots in the deposition, therefore only playing parts of the deposition are relevant at the time.

Challenging the honesty of a witness is known as impeachment. This can be done by playing the video deposition on the witness in contrast to their live testimony if they happen to change their story or contradict themselves, this is classed as impeachment. Impeachment clips can be prepared for presentation in real time if a witness happens to alter their story, by using video it has more of an impact on the jury.

A witness would prepare for a video deposition just the same as they would prepare for any other deposition. There are a couple of mistakes that should ideally be avoided, however. Firstly, a witness should make sure he or she is wearing appropriate clothing. It will look better on camera if the witness is not wearing fluorescent colors and small patterned shirts. Additionally, it is important to avoid any scarfs, big collars, oversized necklaces or earrings which could interfere with the microphone. They should not fidget or play with pens, wrappers, wires, etc. as the microphone will pick it up, just as it will pick up anything that is muttered quietly.

Witnesses should present themselves well by having good posture, and avoiding fidgeting in the chair – often this can come across badly on camera.

Video depositions are edited into segments, this is so they can easily choose which relevant segments to play during a trial.

Synchronizing a video deposition means that the deposition transcript is linked with the video, similarly to having subtitles or captions on a movie – the transcript will appear in sync with the video as it plays.

The process of synchronizing takes place post the deposition recording and after the final transcript has been finished. Relevant segments of the deposition can be created during a trial to be more impactful. Synchronized video depositions is a powerful tool available to attorneys in a trial.