Legal Video Frequently Asked Questions

Your Most Frequent Legal Videography Questions Answered

Why videotape a deposition, and how is it used in trial?

Recording a deposition by video can be useful for a number of reasons. If a witness cannot make the court date, video depositions allow the court to still hear the testimony. In the case of expert witnesses, this is especially important, as many have time conflicts.

The recorded deposition also helps keep a witness’ story consistent. If they say one thing in deposition and another thing in trial, the opposing counsel can easily poke holes in defense. These videos can be reviewed to ensure the story stays pristine.

Are deposition videographers certified?

Some states require videographers to be “authorized to administer an oath,” such as a notary, court reporter, bailiff, or another legal professional. Some videographers who advertise themselves as “certified” could have acquired the title through purchase or paperwork, and it is something people should be careful of. These certifications have no connection with the government and do not imbue legal status.

Can deposition video be used instead of live testimony?

Deposition videos can only be used to replace a live testimony if both counsels and the judge agree to it. Most laws require witnesses to be present in court, but these regulations are more relaxed for expert witnesses.

How should a witness prepare for a video deposition?

Attorneys should prepare their witnesses the same way they would for a trial, but take into account presentation issues. Do not wear shirts with busy patterns or jewelry that is too shiny. Do not wear anything that could bump the lavaliere microphone and cause interference. Witnesses should sit up straight and avoid fidgeting, as it can appear suspicious. Avoid muttering, clicking pens, or causing excess noise, as the microphone will pick it up.

What is deposition synchronizing?

Deposition synchronizing is the process of lining the transcript up with the deposition video file, allowing the transcript to appear as captions on the screen. This occurs through the use of playback software and helps viewers more clearly understand what was said, as well as find clips.