Legal Video Depositions
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Depositions are the most common type of legal video production. The major
advantage of videotaping a deposition is to save money. It eliminates the cost
of bringing witnesses to the witness stand from remote locations. It also gives
attorneys unrestricted time limits, at least in most states, in the examination
of witnesses. The intimidating formality of a courtroom is also eliminated,
which allows witnesses to expand their answers and give you, the attorney, the
answer you want. Due to the backlog of court cases, many attorneys record the
testimony of terminally ill witnesses or experts such as doctors who might not
be available when the case does go to court.
Video allows the judge and jury to see and hear the actual witness. They are
able to better relate to/understand the witness, called a deponent, because they
can pick up on the inflections of their voice and their body language. They can
see how the deponent expresses himself/herself. Verbal and visual communication
is very important to credibility and is totally lost when a substitute is
reading a stenographic transcript. The videotaped deposition is the best
alternative to a live appearance for an unavailable witness.
Cost. Expert witnesses are expensive and unlike lay witnesses, they get paid
dearly for their testimony.
Credibility is enhanced. Some people look better on TV than they do in person;
they photograph well. Others are nervous in court; they can't think under
pressure, they perspire and look worse than they really should.
Studies indicate that deponents adjust to and ignore the presence of a video
camera rather quickly. Deponents are more relaxed in conference rooms and can
thus, think more clearly, handle questions more effectively and appear more
credible. This is especially true when the deponent is a child. Testimony from a
very young child is almost always presented with video.
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