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A typical scenario: you’re a litigator or
trial attorney preparing a case and you have a number of witnesses to
depose, so you pick up the phone to call your trusty court reporter to
arrange the depositions … but have you considered the advantages of
using a videographer at the same time?
There are many reasons to a video record a deposition:
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If a key witness cannot attend a trial,
a videotaped deposition can often be the next best thing.
The judge and jury are not only able to listen to the witness
(deponent), but also see the deponent at the same time.
They can pick up on nonverbal communication that would often be
critical on the stand: body language, hesitancy, vocal inflections,
demeanor, volume, etc. None
of these cues are available in a standard transcribed deposition.
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Expert witnesses are often ideal
candidates for video depositions.
Because they are used to acting as experts, they generally know
the right things to say, project an air of intelligence, are usually
predictable, and are excellent at following lines of questioning.
A good expert can convey an authority that surpasses the
written transcript of a deposition.
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Expert witnesses can be expensive to
call to testify in person. A
video recorded deposition is often the best alternative.
It’s cheaper, and the power of the witness is preserved
because the demeanor and speech of the subject is on full display for
the jury.
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Under the right circumstances, using a
video deposition to present background and foundational testimony
improves the flow of evidence, eliminates calling witnesses out of
order, and improves clarity to the jury.
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Video depositions are more
“interesting” to jury members.
Juries are used to watching TV (who isn’t?), therefore they
pay great attention to TV. Oddly
enough, sometimes seeing it “on TV” is more real than if the
deponent were actually in the courtroom.
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Video depositions can now be easily
“synched” to CD or DVD and called up in the courtroom on the
attorney’s computer. Because
the testimony is digital, any moment of the deposition can be
instantly accessed and projected in the courtroom, no need to
fast-forward tediously through a VHS tape like in the old days.
And if the witness contradicts himself in court, the original
deposition can be easily retrieved and used to discredit the new
testimony.
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Sometimes a particularly incriminating
video deposition can precipitate a settlement.
If the witness is particularly hostile or rude or invokes Fifth
Amendment rights over and over, the plaintiff’s attorney can be in
an overwhelming position of strength and can negotiate a settlement
before trial.
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Studies
show that jury members retain information up to six times longer when
seeing witnesses and hearing them speak, rather than merely hearing a
transcript read in court. As the expression goes, “Seeing is
believing.”
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The
opposing attorney may use video in court, causing you to appear “out
of date” and out of touch with current technology.
To be competitive, you need to use an arsenal of modern weapons
in the courtroom. With
today’s technology, a video deposition is merely one of these
advanced video weapons.
As
you can see, a video deposition can be a powerful tool in the courtroom
and offers many advantages to transcribed depositions.
Consider booking a videographer at the same time you schedule your
deposition. You just may be
glad you did.
Ronald A. Peer is the owner of Peerless
Communications Legal Video Services, based in Phoenix, Arizona.
As a videographer, he adheres to the legal deposition guidelines
offered by the American Guild of Court Videographers and National Court
Reporters Association. Mr.
Peer can be reached at http://www.peerlesslegalvideo.com
or 602-920-3296.
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