The Attorney's Office Tools
by the trial judge as to what you can and cannot use, or what sections of video must be played under the doctrine of fairness. To use the video clips, you simply hook your computer up to the projector at trial and play them. I am a huge advocate of videotaping every deposition.
If a deposition is worth taking, its worth videotaping. I am amazed at how few lawyers use this extremely effective tool to present their case for settlement and trial. Some of the advantages that come from videotaping a
deposition are listed below: • Deponents are inevitably far less prepared for their deposition than they are likely to be at trial. You can use the videotape as a way of leveling the playing field by getting the deponents' first true reaction to your theory of the case as it is occurring, rather than the rehearsed version you will likely see at trial.
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Video is an excellent way to preserve testimony. You never know what will happen to a witness between his or her deposition and trial. If you have videotaped their deposition, you will not be left out in the cold should the worst happen.
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Jurors retain video testimony better than transcript testimony that is read to them. If a videotape of a deposition has not been made, counsel is forced to either read the deposition into the record or act it out by having someone play the deponent. Both of these approaches are artificial. Te words the jury hears become detached from the deponent. Video, although not as good as live testimony, comes closest to the real thing. Video allows the jury an opportunity to see the deponent and gauge whether he or she is being forthright and truthful.
• Video captures what a written transcript cannot. A picture is worth a thousand words. A transcript is devoid of facial expression, gestures, physical reactions, pregnant pauses, or changes in demeanor, pitch, or tone of a deponent's response. Psychological research has taught us that these subtleties are often determinative of whether a juror will accept or reject the testimony of a witness. Video also captures activities that occur during a deposition. Sketches of the scene and demonstrations of how the incident occurred are captured by the video.
• Videotaping stops both the deponent and opposing counsel from engaging in shenanigans during deposition. It is amazing how speaking objections and witness coaching ceases when the deponent and the defendant's attorney are in front of a camera. If
these shenanigans continue despite the presence of the camera, then the videotape becomes "Exhibit A" in your forthcoming motion to compel.
• A video deposition can be taken at the scene of the incident. Most of the time either the judge or the logistics of the case preclude you from taking the jury to the scene of the incident. In these instances you may elect to take the jury to the scene by videotape. You are not limited to just showing the jury a video of the scene. You can videotape the deposition of your expert on location and have him or her explain what happened. Te only constraint on this is that the location be "suitable in size, have adequate lighting, and be reasonably quiet."
• Video is a great impeachment weapon. Tere's nothing like impeaching a witness at trial with a video of his prior inconsistent statement.
• Video is not as expensive as you think. As noted in detail below, you can have someone from your office do the videotaping so long as there is a court reporter present to take transcript.
Here is what you need to do to depose a witness by video. Maryland Rule of Civil Procedure 2-412 Deposition Notice
Guaranteed to be your best price! Trial Reporter / Spring 2010 41
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