Videotaped deposition testimony can be used in many ways at trial, the most common being to impeach the witness as he/she testifies at trial. Impeaching a witness is much more effective when the contradictory statement(s) are played back to the jury and not read back by counsel, as suggested by Digital Case Management and reinforced in Gregory Joseph’s book, Modern Visual Evidence.
In Lieu of Live Testimony
Videotaped witness testimony in lieu of live testimony is useful to preserve a client’s testimony when that client’s health is failing, eliminating the concern that the client may not be available to testify at trial. In the case of experts, videotaped depositions are becoming more commonplace because of the cost savings. Counsel should bear in mind when videotaping an expert’s testimony that the same “expert tutorial” that would have been presented had that expert been able to appear at trial should be made on video, as discussed in Timothy Piganelli’s blog “Enhancing Expert Witness Trial Testimony: Collaboration between Testimony and Technology,” and that the testimony should be presented at a level that the jury can comprehend.
Videotape Brochures
Videotape brochures may be created by Planet Depos’ highly skilled and trained videographers which conglomerate key witness testimony into a 10 to 30-minute videotape that may be brought to and played back at settlement negotiations.
Accident Reconstruction Video
Accident reconstruction videos offer a wonderful opportunity to “show” the jury how the accident happened, eliminating the need for jurors to use their imagination in trying to visualize the physics behind the accident and ergonomics of the injury, such as this video by Crash Data Services, LLC.
Day-in-the-Life Video
Cases can be made at settlement negotiations with well-produced Day-in-the-life videos, such that insurance companies feel they have little to no “wiggle room,” as discussed in “Advocate Magazine’s” article “Moving Pictures: Video Wins in the War of Words.” Planet Depos’ professional videographers work with you to storyboard your production before filming, and ensure that the lighting and sound are always superior. Backup redundancies are present in not only live video depositions, but in all of Planet Depos’ productions.
Witness Character
Another benefit of video testimony is that the jury has the opportunity to see how the witness is attired, which generally reflects whether he/she takes the matter seriously. Video testimony of a witness played back to the jury attired in a manner similar to the gentleman at the left from MetalRules.com tend not to appeal to the jury; while witnesses who appear professionally dressed, who speak clearly and succinctly, and respond without hesitation or fidgeting, lead the jury to an entirely different conclusion. William Hart and Roderick Blanchard’s book, Litigation and Trial Practice, AskMen’s blog, “7 Body Language Killers” and Mr. Sedivy’s “Courtroom Demeanor” handout speak to these issues.
Video and Computer-Based Trial Presentations
“Visual Impact: Making Your Case Evidence Shine with Legal Technology,” by Timothy Piganelli, reflects the startling fact that only 10% of the population remember something they have heard after 72 hours, while a whopping 65% remember something they
have both heard and seen within that time frame, which is why trial presentation is key. Counsel and litigation teams should consider becoming well-acquainted with their trial presentation software and the way exhibits have been scanned and cataloged to avoid any “technical difficulties” should they want to present the evidence independent of a video technician. Highly trained computer and videography specialists are available through Planet Depos to: help conglomerate computer-based trial presentation(s), teach staff the intricacies of retrieving and playing back video depositions and computerized presentation, and be there to assist, should their expertise be needed.