Why choose a Video Deposition?
The most prominent justification for using video deposition services is a witness's inability to appear in court. Perhaps they are ill and unable to go, or you cannot afford the high costs of hiring an expert witness to fly for the testimony. You can still record their crucial testimony via a video deposition without them needing to be present and testify in person.
Video court reporting is a fantastic tool for demonstrating inconsistencies in prior testimony, which is a surefire way to refute oppositional claims. It's crucial that your video deposition services accurately make your case and portray the witness in the best light to reap these advantages. How do you go about that? What are the things you should pay attention to and avoid? Let's dissect it.
The Definite Dos’
Video court reporting aims to deliver the most genuine and realistic experience possible. Jurors should have the same sense of presence as if the witness were physically present at the scene, and they should be able to hear, see, and comprehend what the person is expressing on video precisely as they would in person.
Get your witness ready: Be thorough while prepping your witnesses for their testimony since the last thing you want is any shocks or outbursts to be caught on tape. Walk them over every possible subject and question they might be asked to respond to, and instruct them on how to act politely around opposing counsel.
Do use specialized tools: When it comes to equipment, cutting corners is the shortest way to achieve the exact opposite of what you want, that is, a clear view and audible testimony from your witnesses. Videos with murky, reverberant audio or snowy, blurry footage divert and perplex jurors, damaging your case and your possibilities of prevailing in the long run.
Ensure their comfort: Make every effort to put the witness at ease during their deposition. Arrive early so you can go through any remaining issues or fears. Talk casually to keep their minds occupied, free of any unnecessary thoughts.
Make them see the examples: Frequently, watching additional video depositions aids witnesses. Show your previous instances of both a positive and negative video deposition if you can. What succeeded? What happened? What kind of behavior did the witness exhibit? What might they have done differently or better? A witness can be effectively guided in behaving and acting by seeing these guidelines in practice and on the screen.
Run a mock decision if time permits: Try to simulate the precise situation they will be put in and pose questions you anticipate the opposing video court reporters would ask. Then, as you continue, provide comments and advise them on minor adjustments they can make to their demeanor. You might even want to record this mock deposition so you and your partner can watch it again as you prepare for the shoot.
Following are general guidelines for your witness to follow while being filmed:
Don’t remain defensive: The most straightforward approach to casting doubt on a juror is to be defensive or dubious about a subject. Be sure to arm your witness with inquiries that might frighten or surprise them.
Avoid getting worked up: The witness's evidence is crucial. Therefore yelling, sobbing, storming off, or acting out would only detract from it. Tell them to maintain their composure and leave their feelings at the door. Don't give the opposition's legal team any material to use against you; every minor eruption or outburst will be examined in great detail.
Don't make light of anything or laugh about it: Inform your witness to take their sworn testimony seriously, regardless of the case's topic. Although the result may not affect their life or way of life, it is significant to many people involved, including your legal team. During the deposition, instruct your witnesses to refrain from making jokes, jabs, or even sarcasm. Although these may be the person's usual defense, they frequently give the impression that the witnesses are dishonest.
Don’t economize: Don't skimp on the necessary tools, videographers, or other production-related components. Even if cutting your expenses by a few hundred dollars could be alluring, a court defeat would be far worse. A poorly executed video deposition can seriously harm your case and professional image.
Conclusion
Georgia Reporting is here to help with all its might and capability. Your video court reporting will determine a lot, so prepare your witness. Even though doing so could require extra work, the result will be a deposition that is ultimately more impactful and effective.