Guide to Video Depositions

What is a video deposition?

A deposition is one of the methods lawyers use to conduct discovery for court cases. During a deposition, lawyers ask witnesses questions under oath. A deponent may have their attorney present. The attorney from the opposing party is also invited.

Usually, a court reporter is present to transcribe the deposition. But video depositions are becoming more and more common. What is a video deposition? A video deposition is a deposition recorded on video. A legal videographer is present and records the deponent. 

Video depositions have many benefits. Video adds a new dynamic to discovery. Video presents a compelling case in court. Video can be used in lieu of live testimony.

What are the Benefits of Video Depositions?

Trial preparation

Video depositions are useful for trial preparation. Video captures more than the deponent’s verbal answers. Video records facial expressions, tone and gestures. 

Attorneys can review the video and decide whether the witness will make a good impression at trial. Attorneys can also use footage from a video deposition to prepare their witness to testify at trial. 

More direct answers

In a video deposition, lawyers often ask fewer filler questions. Witnesses tend to give more straightforward answers. Witnesses avoid saying they don’t know or don’t remember.

More impactful presentation to the jury

Video makes a bigger impact at trial than a deposition transcript. The jury can observe the witness. The jury can see facial expressions, gestures. The jury is able to hear the witness' tone.

Show injuries and damage

Sometimes plaintiffs cannot make it to court due to injuries they have suffered. Video depositions show the jury these injuries. Video also shows how these injuries affect the plaintiff’s life.

Unavailable Witness

Video from video depositions can be used in court in lieu of live testimony, should a witness be unable to appear.

More effectively point out inconsistencies in witness testimony

Video depositions enable lawyers to call attention to any change in witness testimony. Video evidence makes it more difficult for the witness to say they didn’t understand the question. Video leaves little room for misinterpretation.

A video deposition can also help protect a witnesses’ credibility. Video can be played in court if the opposing party tries to misconstrue what the witness said in the deposition.

When should I do a video deposition?

It’s a good idea to use video any time you are conducting a deposition. However, it is especially important when you are deposing key witnesses or experts.

More and more cases are being settled out of court. Video depositions can capture a lie or contradiction in testimony on video. Such evidence can give you the edge you need to win a case or convince the opposition to settle.

International depositions

A video deposition is especially important for deposing foreign witnesses. These witnesses may not be able to travel to the United States for trial. If you want to avoid flying to another country to depose a witness, you can take a remote deposition. A legal videographer can still record the deponent.

Book a legal videographer with Planet Depos

Employing a legal videographer ensures your video deposition is recorded accurately. 

At Planet Depos, we have court reporters and videographers living in the United States and abroad. Our videographers can help you with video deposition tips. Videographers can help with selecting a room for your video deposition, troubleshooting technical issues, and more.