Video Deposition Preparation Tips for Attorneys

video deposition tips for attorneys

As technology improves and advances, video depositions are becoming increasingly popular. They are being recognized as a valuable resource for both attorneys and juries before, during, and after a trial.

You know the saying that a picture is worth a thousand words? With the right witness, a video deposition can say ten times that. A well-prepared witness in a video deposition can capture a jury’s attention and add credibility to your case in ways that a transcript alone could not.

Video depositions allow you to capture every moment—a serious strategic advantage when deposing your opposition’s witnesses. Knowing how to capture momentary slips in confidence or character can not only help your own case, but can also assist you in knowing how to coach your own witnesses for their depositions.

In some cases, depositions can be difficult and expensive to conduct due to the need for travel. This is where remote video depositions come into play. Thanks to technological advances, remote video depositions have become an easy and cheap alternative to in-person deponent-to-lawyer depositions. Instead of wasting time and money bringing deponents to you or you going to them, setting up a remote video deposition with realtime streaming can not only minimize expenditures but also provide a compelling piece of evidence.

To get the best possible results for video depositions, whether they are remote or in person, extensive preparation must be done by the attorney, the witness, and the videographer.

Video Deposition Preparation Tips for You and Your Videographer

As an attorney, the recorded video created from the deposition can be a great tool for you to use in your case. Some tips to ensure you are able to get the most out of the video include:

  • Determine your goal for the deposition at the outset. Do you expect to play the video at trial? Then you will want to review the rules of evidence that apply to depositions in your jurisdiction. If you plan to use the deposition in order to jumpstart the settlement process, you may have additional freedom in making your plans.
  • Know what you want in the final product. Will you need subtitles? Chapter headings? Translation from or to another language displayed on the screen along with the testimony? An interpreter? It’s important to figure out your requirements in advance and discuss them with your deposition videography company so the right equipment and personnel will be on hand for deposition day—and the right editing technology will be available afterward to create the video presentation you need to win this case.
  • Get the right location. Sure, it’s conventional to gather everyone around a big table; just make sure the room you rent has plenty of floor space to accommodate all the video equipment and to allow the videographer freedom to move about to focus on the current speaker.
  • Consider the use of exhibits very carefully. How a witness interacts with specific physical objects can become part of a compelling deposition video and can be crucial in getting your point across to the jury, so you don’t want to blunder during the recording session. Tiny objects or even paper documents may need to be enlarged so the camera can capture details. You may need to advise your videographer in advance of potential glare off shiny surfaces, such as metallic items or laminated documents. If you are going to have a remote video deposition, it may be helpful to discuss your exhibits with your court reporting firm and videographer prior to the deposition so everyone is prepared and the documents are not too much of a challenge or slow down your pace and rhythm. For more on this, read Video Deposition Obstacles to Overcome.
  • Limit Audio Interference – Background noise can be extremely irritating and distracting for both the witness and the viewer. Some tips that can make a big difference in sound quality include:
    • Turn off cell phones and any other unnecessary technology.
    • Avoid placing papers near or against microphones. Check with the videographer for proper microphone placement.
    • Instruct essential parties to remain silent during questioning.
    • Limit “talk-overs” by taking turns speaking.

Video Deposition Preparation Tips for Your Witness

As with any testimony, video deposition witness prep is essential to controlling—as much as possible—how a testimony will play out. The preparation period lets the witness get comfortable with how you will question him; at the same time, you’re also giving him reassurance and allowing him to steel himself for what he has in store from the opposing counsel.

In essence, it is a time for both you and your witness to reach a mutual understanding on how to compose yourselves and deliver honest testimony in the most compelling way for the court and jury.

When preparing a witness for a deposition, it is important to make sure that he knows how to come off as responsible, confident, and trustworthy. Before your witness is placed in front of the camera, advise them to remember to:

  • Speak clearly
  • Ask questions to clarify what they are being asked before answering
  • Give concise, specific, and truthful answers.
  • Dress appropriately
  • Stay alert for double negatives from an opposing counsel trying to confuse you.

For more on witness preparation tips, read:

Advice to Brace Your Witness for a Strong Video Deposition

Preparation to Secure a Successful Witness Deposition.

Deposition Benefits of Witnesses Dressing Professionally

Make sure you and your witness are well-prepared for your video depositions. It could make or break your case. Remember to let your court reporting firm and legal videographer know any information that may help them ensure a better outcome of your video.

Have you downloaded our Deposition Resource Guide for Attorneys & Paralegals? The guide discusses some of the most important deposition resources and how to best use them for your benefit. Whether you’ve just entered the legal field or have been conducting depositions
for years, there is something in this guide for you. If you haven’t yet, get your guide.

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5 Reasons to Record a Video Deposition Before Going to Trial

You may have already used video depositions to record testimonies of witnesses who are ill, in the hospital, or otherwise unable to appear in court in person. However, video testimony can also be submitted when a witness is able to attend the trial—and these depositions can help your case even before you walk into the courtroom.

Hidden Benefits of Using a Video Deposition Before and During a Trial

Before you take your next case to court, consider these lesser-known benefits of recording your witnesses’ depositions:

  • Best behavior. When you hire a videographer to be present at a deposition, you might be surprised to notice how the attitude in the room changes. The witness is often nervous, but the opposite is true of attorneys—especially those who are abrasive or disruptive. Attorneys know that everything they do will be caught on tape, and they often hold back their hostility for fear of being seen as a bully by the jury.
  • Time management. The presence of a video camera encourages everyone present to “stick to the script.” Although there is no limit to how long a deposition may last, a lack of interruptions will allow the proceedings to go more smoothly, and can shave hours off the deposition process.
  • Trial preparation. Many attorneys review videos to prepare for trial, and can be used to craft arguments, consult with expert witnesses, and help legal staff gather necessary documents for the case.
  • Faster trial process. In cases where there are a large number of witnesses, video testimony can be used to provide testimony for a number of people without the need to call each witness separately to appear in court. Some of these testimonies may even be compiled together into one video segment, saving the hours of scheduling and court time needed to recall all of the witnesses.
  • Impeachment. Showing a witness contradicting his earlier testimony is often used to great effect in court, especially is an attorney pauses the video after the conflicting information is given. Many savvy attorneys opt to add captions to their videos, ensuring that the text of the misinformation sits right underneath the witness’s face when paused.

At Casamo & Associates, we can help record and edit your deposition video to highlight the important evidence in your case. Visit our Video Deposition Services page to learn more, or use our online scheduler to set up your deposition in our conference room.

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How Attorneys Can Create a Digital Deposition for Trial Use

Five Ways to Create a Digital Deposition That Will Win Your Client’s Trial

Your client has already undergone a harrowing deposition, and you were wise to insist that the entire thing be recorded for court use. You’ve been given a copy, and you couldn’t have hoped for better—his story is even more sympathetic on camera than on the written page. But before you walk into court with the DVD in hand, consider some additional methods that can take your the odds of winning your case from good to better.

How to Make an Effective Digital Deposition for Your Next Trial

Recording a video deposition for trial use is only half the battle—and unfortunately, many attorneys stop there. Consider these small tweaks that can hone your testimony video and improve your presence in court:

  • Captioning. Our licensed court reporters can help clarify your video deposition by adding captions and subtitles to mumbled responses or unclear audio.
  • Compelling evidence. We can digitize your documents and photos (including medical and surgical evidence) using high-quality photo technology. These files can be used many ways, including as part of a PowerPoint presentation or by introducing the evidence digitally in court for all present to see at once.
  • Documentaries. Videos can tell a much better story than even the witness may be capable of. We can record a day-in-the-life video to show the effects of the trauma your client suffered, including integrating photos and video of the accident scene to give the court an honest look at your client’s situation.
  • Multiple platforms. Are you relying on a court-supplied DVD player to broadcast your client’s deposition? We can work with multiple platforms, including iPads, Macs, PCs, and a variety of software options to allow the court the best viewing experience…and we can troubleshoot any technical difficulties, as well.
  • Video editing services. Even the best information is useless if it is not presented well. We can edit your video to keep your testimony flowing, as well as add transitions, chapter headings, and track breaks to help you tell your story effortlessly.

Whether you have already recorded your video deposition or are looking to improve your client’s video testimony, the team at Casamo & Associates can work with you to bring out the most compelling aspects of your case. Learn more about how our video deposition services can help you and your clients here.

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How Attorneys Can Edit Video Depositions for Maximum Effect

The Way You Edit a Video Deposition Can Make or Break Your Case

You may have considered just “hitting play” on your client’s recorded deposition on the day of the hearing. After all, everything he says is supportive to your case—and when it comes to good evidence, more is more, right? Not always. There are many reasons why it may actually be beneficial to your client and your case to edit video depositions prior to trial.

Tips for Editing a Long Video Deposition

While it may seem unnecessary—or even unethical—to edit your client’s testimony, many times edits are made purely due to time constraints. When you re-watch your client’s testimony, consider the following ways you can help present the testimony in court:

  • Keep it short. Most testimony videos are 20 minutes or less, and for good reason. Juries would rather watch a video than listen to pages of testimony, but they will still tire after just a few minutes of watching a witness answer questions.
  • Remove objections. The easiest way to save both time and confusion is to edit out any objections or non-essential conversations between attorneys.
  • Say it fast, say it first. Your most important questions and responses should be shown first, regardless of where they are placed on the recording. You want to give the jury the best chance of remembering vital evidence, and burying in within an hour of testimony is not going to help your case.
  • Jump around. The evidence in a case does not have to be presented chronologically, and for good reason. Witnesses may begin speaking on one topic before transitioning into another, as people may do in conversation. If a witness brings up a vital point about his accident during a question about his medical history, the response may be grouped into a separate area of testimony.

One of the best ways to choose which elements to include (and how to arrange them) is by watching the video while following along on a paper copy of the transcript. This will save you hours of editing by allowing you to mark the start and stop of each video clip, down to the specific words your client uses.

There are many ways to enhance a video deposition for easier viewing, such as adding transitions, inserting track breaks for easier navigation, and adding subtitles when responses are unclear. Our videography team can help you create a video that captures your client’s best testimony; learn more about how our video deposition services can benefit your clients and your case.

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Video Deposition Tips That Can Hone Your Client’s Testimony

When it comes to creating a powerful piece of testimony, there is no substitute for video. Video recordings have been used to show limitations after an injury, surgical proceedings, and even footage of a loved one who was lost in an accident. The act of seeing something as it happens on a screen is worth several pages of printed testimony, so it’s no surprise that more and more attorneys are using video depositions as evidence in their cases.

How to Create an Effective Video Deposition

If you are recording a deposition, it is important to do so as early as possible. A witness’s memory of the events may fade well before the case goes to court, and getting a video of his testimony will preserve the facts of the case as well as your client’s emotional reactions.

Four Tips for Turning Your Video Deposition Into Compelling Testimony

  • Backdrop. Many lawyers choose to film their clients sitting at a desk in the firm’s conference room. While this may be a comfortable place for the attorney, the client is seldom relaxed, making the testimony seem stiff. If the client is willing, you may film the deposition at his house or even at the site of the accident to give the testimony more depth.
  • Camera angles. One camera may be enough to capture what is said in a deposition, but multiple cameras allow the jury to see the whole picture. The angle of the camera is also important, as certain actions can affect a jury differently. For instance, looking down at a piece of evidence may make a witness look evasive, while pausing or looking confused may make the jury sympathetic.
  • Equipment. Video technology is now affordable and widely available, but that only makes choosing the right equipment more difficult. You need to preserve as much of the audio and video quality as possible, so opting for high-end microphones and cameras is always preferable to using a webcam or camera phone.
  • Your limits. Is your courtroom wireless enabled? How large is the TV screen? Can everyone see and hear the testimony clearly? If something goes wrong, do you know how to troubleshoot the technology? Answering these questions ahead of time can save you from losing the jury’s attention in court.

Although the recording equipment may be “point and shoot,” there’s a lot more to producing a good video deposition than simply turning on a camera. Attorneys can avoid purchasing high-end equipment and get better value for their money by hiring a videographer who has experience shooting depositions. At Casamo, we offer a fully-equipped deposition venue and on-site technical staff to help you create effective video evidence in your case. Visit our online scheduler page to find out how we can be of service to you.

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What are some benefits of using video depositions for defendants?

As a plaintiff representative, you may have used video depositions in the past to record the nature and degree of your client’s suffering. While video testimony is an excellent tool for putting your client at ease and making him more sympathetic to a jury, did you know that it can also be used to great effect in defendant testimony? Defense attorneys frequently utilize video depositions in their cases, and this is why:

Benefits of Video Depositions for Defendants

  • Out-of-state deponents. Generally speaking, a defendant who lives far away from the court proceedings will rarely be ordered to come to the plaintiff’s jurisdiction to give his testimony. For example, most corporate defendants are to be deposed at their principal place of business, regardless of where the hearing is being held. You may travel to the defendant’s location to protect your client’s interests, but using video hosting technology can save time and travel costs—and recording the interaction with both attorneys present will preserve the testimony for later use.
  • Contradictions and omissions. Even if a defendant appears at trial, a video recording of his or her earlier testimony can clearly show any discrepancies in the story. Reading back an earlier answer from a transcript shows that the defendant is contradicting himself, but a video does this more effectively by demonstrating to the jury that the defendant is untrustworthy. Witnesses can also be caught omitting important information on tape, such as facts that are pertinent to the question that may have been left out of an answer because they could hurt the defendant’s case.
  • Reliability. While defendant depositions that are given by telephone may be admissible, they are often garbled, have poor sound quality, and do not offer the depth of character that video provides. Phone transmissions are also notoriously unreliable, especially cell phones that may drop calls, echo, or carry loud feedback in addition to the defendant’s voice.

We Can Help You Secure The Best Testimony to Support Your Clients

No matter what your needs are, Casamo & Associates has the technical knowledge and experience to provide for you and your clients. Our onsite conference room is fully integrated with video and sound recording equipment to ensure high quality testimony, no matter how far away your deponents are.

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DC Video Depositions: 4 Bonus Uses for Trial Preparation

Many attorneys have embraced the use of video depositions for use in court. It’s a simple, cost-effective way to collect testimony from out-of-town witnesses and depose those who may not be available to appear at the trial.

But what many lawyers have not considered is that video depositions have a wealth of uses, many of which could be the difference between victory or defeat in court. For example:

  • Homework. Video depositions are an easy reference tool for time-crunched attorneys who would otherwise have to sift through pages of testimony to build their case. Video can also make the decision to use a particular witnesses at trial a snap, as well as providing insight for cross-examination questions based on a witness’s body language.
  • Candid camera. The presence of a camera during a deposition can bring out a witness’s true behavior. For example, nervous opposing witnesses may fidget or look away during questioning, making them look less trustworthy. Witnesses are also less likely to refuse to answer questions on video, as they are afraid they will look like they have something to hide.
  • Less manipulation. Attorneys have suggested that opposing counsel is not as belligerent or disruptive when interviewing the witness when the session is recorded for fears that the jury will interpret his actions as manipulative tactics.
  • Sound bites. Juries will often tune out during long days in court, and trial can last for days or even weeks, dulling their attention spans even further. During your closing argument, you can recall particularly powerful phrases or “sound bites” from each of your videotaped clients and use them to remind the jury of the details that will best suit your case.

If you’re ready to begin taping your clients’ testimony, we can help. We’re experienced providers of video deposition services throughout the entire Washington, D.C. metro region; visit our video page to see a few clips on preparing your witnesses and maintaining a high ethical standard in court.

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Should I use video deposition testimony in an opening statement?

The question of using testimony from a video deposition in court depends on two factors: one, you must be sure the court allows video testimony in an opening statement, and two, you should ask yourself if video testimony is best used in the statement, the trial itself, or the closing argument—or a combination of the three.

In many cases, attorneys will want to use a powerful clip from a video deposition as a “silver bullet” for their case. While this testimony can be effective, there are actually several ways that relying on this evidence can actually work against your case in certain situations. Consider the following pitfalls of using video evidence in an opening statement:

  • Content. Opening statements are meant to engage the jury, so the video clips you use to open should be more attention-getting than those used throughout the case. An outburst, a contradiction, or an effective use of non-verbal communication from a witness is likely to have a lasting effect on the jury.
  • Repetition. Your strongest piece of evidence should not be your only evidence. No matter how compelling the testimony may be, it should be treated equally with other factors in the case. If you rehash the traumatic events in your client’s deposition every time you step up to question a witness, the jury may assume you are playing to their feelings, rather than the facts.
  • Timing. The effect that your best piece of video evidence has will depend on when it is introduced. If you open with a compelling clip that contradicts the defendant’s story, you lose the emotional effect on the jury by playing it a second time during the trial.
  • Opposing counsel. If you intend to use video testimony in an opening statement, you should be prepared for opposing counsel to follow suit. In many cases, attorneys can request to see the video clips that opposing counsel intends to use to prepare each attorney and ensure that no evidence that has been deemed inadmissible will be used in the opening statement.

Editing and Captioning Can Make Your Video Testimony More Accessible

At Casamo & Associates, we offer a variety of services to streamline your video deposition, including editing, captioning, adding transitions, and adding track breaks, allowing you to grab and hold the jury’s attention. Contact us today or read more about our Video Deposition Services to learn more about what we do.

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Should I use video of my expert witness’s testimony, or instead ask him to appear in court?

If you plan on having an expert witness give testimony to benefit your client, you can either videotape his deposition or ask the witness to appear in court.

Many attorneys make the mistake of asking the expert witness to appear in person if he is available. However, a recorded deposition can be used in lieu of an appearance in court even if the witness could potentially appear in court—and it offer significant advantages:

  • Lower price. While you may have to hire a camera operator to record the deposition, these costs are usually minimal—and are often significantly less than paying the professional’s hourly rate (such as with doctors or nurses) for witness to appear in court.
  • A better chance to get the expert you want. Many potential expert witnesses will have hectic schedules and cannot spare the time to take off work, wait for a trial, and give testimony in court. Videotaping a deposition allows you to gather testimony with minimal disruption in the expert’s schedule, increasing the chances that you will be able to us the expert you want, rather than the one who is available.
  • Better timing. Doctors and other expert witnesses may be reluctant to disrupt their duties to their patients, and may have to appear at a time where their testimony will not be as effective. A doctor who will be rushed, distracted, or tired between patients may not have an optimal effect on the jury. However, a testimony that has been recorded can be presented at any point during the trial.

Although it can be cheaper and more convenient to use video testimony, it will take more than a point-and-shoot recording session order to make a compelling deposition. Your office may not be suitable for recording video depositions, especially if you do not have microphones or recording software. In addition, you will need to be able to present the material at trial so you should have the basic technical knowledge to present a digital file or DVD in court.

At Casamo & Associates, we can help you record, edit, copy, and caption your video depositions, and can offer onsite technical help to ensure your presentation goes smoothly. Contact us today to find out how we can help you and your clients.

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Ways to Get the Most Out of Your Client’s Video Deposition

Effective D.C. Video Depositions Require Stars, Scripts, and Edits

You’ve used video cameras to depose witnesses in the past, but only in cases where the witness would be unavailable for trial. But now that video is becoming the preferred method, you’re wondering how you can help your clients appear to their best advantage on-screen—and how you can use the medium to build a more effective case.

If you are considering preparing a video deposition for your next case, here are a few tips to remember:

Use Video to Take the Guesswork Out of Trials

If you are deposing your own client, you can use a recording to prepare your client for the stand. Playing the video back for him will help him to remember the things he does that can hurt his case, such as speaking too quickly, fidgeting, or answering questions that have not been asked. With this trial run, your client will be better prepared for the opposing counsel’s questions, making it less likely he will make a mistake that costs him.

Language Is Key When Deposing Witnesses on Camera

It is important to have an airtight script when deposing a defendant. If your witness is prone to angry outbursts or joking comments, the right language could make him lose his cool on camera, making it hard for the jury to identify with him. In addition, a period of silence that could be glossed over in a transcript will be glaring on video, and a witness who takes a long time to answer questions can be seen as indecisive or untruthful.

Editing Is Vital to a Strong Video Deposition

When editing a deposition video, it’s better to watch the video rather than choose edits from transcripts. Written testimony will not have the same punch as a video clip, but you want to make sure the point is conveyed better on film. If you’re not sure whether to cut a portion of testimony, leave it in. After you provide your opponent with the excerpts you plan to use at trial, you cannot add additional clips.

You should avoid playing the whole deposition video from beginning to end. Even after editing, a long testimony can get repetitive, and you don’t want the jury to be bored. The best videos have memorable sound bites that will help you during the trial, and talking points that you can reinforce in your closing argument.

If you’re looking for someone to provide everything you need for a full-service video deposition in D.C., visit our online scheduler for booking information.

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