A witness cannot usually refuse to be videotaped, but they must be informed in advance that their testimony will be video recorded. If a witness has not been informed in the deposition subpoena that there will be a videographer recording their testimony, then they can request not to be videotaped.
You can show video at a trial in a number of ways. Over the last few years, many courtrooms have installed in-house video systems, in which case all you need to do is plug in your device and hit play. For more sophisticated videos, you may use trial software such as Trial Director. Our team can bring any necessary A/V equipment into court to show the video.
In the past, video depositions have been delivered on video tape and, more recently, on DVD. Since the start of the pandemic, the standard delivery quickly morphed into video files sent electronically, typically in MP4 file format. MP4 is a universal video format and user friendly. Typically, a link is sent to download the files from a cloud service. It is strongly recommended to back up the files immediately after you download them to ensure they are safely kept. Video files can also be delivered on a USB stick.
Absolutely. This can be accomplished in a couple of different ways. If your deposition is in person, our videographers would use an additional document camera that captures the document like an overhead projector. The document can be a picture, document, spreadsheet, diagram, or even a video. Then, we use a video mixer to create a split screen recording with the shared document and the witness. For a remote/virtual deposition, this can also easily be done when the attorney or document specialist shares their screen. We would need to know in advance if you would like to share documents at an in-person deposition to ensure we have the proper equipment on site.
Synchronizing the deposition video refers to synching up the transcript created by the court reporter with the video deposition so that the words show up like captions during the video. This is useful because it allows a person to instantly play back specific portions of the video and to easily share relevant clips during trial.
Deposition videos can be edited into excerpts so that only relevant information is shared at a given time. However, the original video may not be altered in any way to change meaning or to cut out parts of the testimony.
The preference is still for witnesses to physically appear in court and testify live in front of a judge and jury. However, there are some circumstances where this is either not possible–such as in the event of grave illness or death–or would cause an extreme hardship–such as if the witness would have to travel long distances, is ill, disabled, or has another reason the court would accept. There have also been allowances made for expert witnesses who would not be able to appear in court to have their video testimony presented instead.
A court reporter is still necessary to take down an exact transcript of the deposition and to ask for clarification if any words are unclear. This transcript can prove invaluable if any sound is difficult to make out or is even unintelligible on the video. Also, a court reporter is typically needed to swear in or affirm the witness, unless the videographer is also a licensed notary in the state where the deposition is taking place.
A witness cannot usually refuse to be videotaped, but they must be informed in advance that their testimony will be video recorded. If a witness has not been informed in the deposition subpoena that there will be a videographer recording their testimony, then they can request not to be videotaped.
In many ways, video depositions are no different than any other deposition. Attorneys should prepare witnesses the way they usually would, going over their testimony and reviewing the questions they might be asked. However, witnesses also need to prepare for being on screen. This means they should not wear distracting clothing or flashy jewelry–nothing that would take away attention from their actual testimony. Witnesses should also practice speaking into the microphone so their words are heard clearly and without interference. Witnesses should be cognizant not to fidget, especially with anything that makes noise, as those sounds could be picked up on the mic and become a distraction.
Through video, viewers are privy not only to the words of a witness’s testimony, but also to their mannerisms, facial expressions, pauses, and tone of voice. These elements provide a more complete picture of the witness’s credibility and give space for a judge or jury to make further judgments about the witness’s testimony. Video adds an emotional aspect to the testimony that is missing in a transcript. Remember, if a picture is worth a thousand words, a video is worth a thousand pictures.
Video also preserves crucial testimony for trial from a witness who may not be able to appear in court, and it allows testimony to be reviewed multiple times in order to clarify or review information. If a witness changes their testimony between deposition and trial, the attorney has an effective way to share the original testimony. Additionally, some trials take years and a witness who is elderly or ill may pass away before the trial is over; a video of this person’s testimony becomes crucial if the person is no longer around to give their testimony in court.
Shereck Video has extensive experience in promotional videos, videos for websites & social media, seminar & training videos, testimonial videos, and product demonstration videos. We have over 20 years of experience working alongside businesses to create relevant and compelling video content for their specific needs.
Absolutely. With today’s technology, we can film just about anywhere with Zoom, WebEx, Microsoft Teams, Skype or Google Meet. Many offices and courtrooms were closed during the Covid 19 pandemic, and Zoom and other virtual technology allowed us to film at any requested location.
Shereck Video Services is a Certified Court Video Specialist (CCVS) company from the American Guild of Court Videographers. Our team has been fully trained in the knowledge and practice of the Federal Rules of Civil Procedure (30(b)(4)) and the Federal Rules of Evidence (1000-1007), which governs the taking of videotaped depositions to be admitted in a court of law.
Typically, a conference room, office space, or courtroom is the ideal setting to set up the video deposition. You don’t want your background to distract from the witness. That said, with the advent of video conferencing, video testimony can be taken from anywhere if needed. For optimal results, it’s always best to not have direct light behind the witness, such as a window, bright lights or a mirror.
It’s also important to set the scene and ensure compelling witness placement. Make sure your camera lens is focused on the witness throughout their entire testimony so all their facial expressions can be easily viewed.
Video will give you numerous layers of information that would be completely missed on the written transcript. These include things such as silence where a simple, quick answer would be expected, nervous mannerisms, lack of eye contact, and lack of conviction. Moreover, seeing how the witness reacts to a question and hearing the intonations of their answer are critical types of information that allow a jury to more fully assess a witness’s credibility.
Several types of law firms recommend video depositions, including personal injury law, medical malpractice, civil law, commercial/corporate litigation and firms handling wills and estates. Activities of Daily Videos can be produced, as well. These videos are useful for personal injury attorneys to depict how an injured party is affected by their injury in their day-to-day life tasks. These videos can also show intent when it comes to wills and estates.
Most people remember 40% of what they read and 50% of what they hear. Statistically, we retain over 90% of the images we see and hear, which makes video the most powerful form of communication. Through video testimony, viewers can see body language such as pauses, eye contact, and facial expressions, in addition to hearing the witness’s responses. Body language and facial expressions can give a more complete picture of how the witness thinks and feels about a question, rather than just reading a transcript with the straight dialogue.
Video depositions are used to record the testimony of a witness who is not able to appear in a courthouse or legal setting. Since the outbreak of the Covid 19 pandemic, courtrooms and law firms rely on remote video testimony to ensure speedy and transparent legal proceedings. However, video depositions have been useful even before the pandemic began, such as if a witness is ill or disabled and unable to travel or appear in court. Additionally, expert witnesses have been known to be excused from appearing in court and can be deposed over video instead in such a circumstance.