When the testimony of a witness needs to be preserved for trial (a de bene esse deposition) or when it is important to document the demeanor of a witness, counsel often chooses to videotape the proceeding. When a deposition is videotaped, the court reporter and videographer work together as a team; that is, the court reporter keeps the official written record while the videographer preserves the demeanor of the witness, as well as the audio record of the entire proceedings. Before the deposition begins, the court reporter synchronizes the time on his/her laptop with the time on the videographer’s camera. Later, the final transcript is synchronized with the digitized version of the video, enabling lawyers, paralegals, litigation support personnel and trial consultants to easily create clips of testimony for presentation to the judge and jury.
Not only has video changed the way litigation teams acquire evidence, but trial presentation software and text-to-video synchronization streamline case presentation, eliminate delays in locating testimony in hard-copy transcripts and as Kenneth Nolan noted in his article, “Direct Examination – For Real,” video “livens up the proceedings,” and appeals to the jury because it is a technology that is “common among the young.”
Videography Specialists
Planet Depos’ videographers adhere to the standards set by the National Court Reporters Association and use state-of-the-art digital equipment, Lavalier microphones, an audio mixer, simultaneous backup, LCD TVs, high-quality surround sound, projection screens and Electronic Visual Evidence Presenters (ELMO’s). The on-staff videography specialists of Planet Depos create video settlement presentations, last will and testaments, site inspections and courtroom playbacks.
Exhibits
During the course of a video deposition, the videographer maintains the lighting and audio level, as well as the events log, which tracks when exhibits were marked, when objections are made, and when examinations begin and end. TheMacLawyer.com’s photograph of a videotaped deposition here reflects what text-to-video synchronization generally looks like.
Tips for Witnesses in Videotaped Depositions
Certified Legal Video Specialist Brian Clune suggests that witnesses:
- Wear pastel colored dress shirts or blouses.
- Turn off their cell phone completely, because even in silent mode, the signal may interfere with the audio feed.
- Sit comfortably in their seat without crossing their arms, fidgeting with an object or appearing nervous.
- Be succinct and avoid long pauses in responding to questions.
Text-to-Video Synchronization
With a fully synchronized transcript and video, counsel can quickly find specific areas of testimony and create a clip of that portion of the testimony and later present it to the judge or jury. When the court stenographer and legal videographer are scheduled with Planet Depos, complimentary video-to-text synchronization is provided.
Exhibits
Because exhibits can be integrated into video clips, powerful presentations can be created that may eliminate the need to enlarge photographs, diagrams, and documents and mount them on large presentation boards. Trial-Technology.blogspot.com’s example to the right reflects what Planet Depos’ trial consultants can do.
In addition to displaying documents and videos with a projector, the Planet Depos’ trial technologists can provide the judge, counsel and the witness with a tablet or iPad for easy viewing.
Format
All videotaped depositions are delivered on DVD and may be provided in the following file types:
- MPEG 1
- MDB
- CSV
- VDF
Archiving
Planet Depos archives its videotaped depositions, naming each deposition by Witness, Name, and Date, making retrieval quick and easy.