There Are Many Reasons to Video Record Testimony Under Oath
Take a look at several reasons why
Video recording testimony under oath is one of the top uses of video in legal proceedings today. Although it has become a fairly common practice, many law firms are not aware that there is a fine line between what is and what is not impeachable video testimony during a legal case. Many lawyers are not aware that even something so subtle as improper lighting or background can create a compelling argument to have the video rejected from use in a trial. Furthermore, many are not aware that there are situations where it is beneficial to have a testimony taken via video rather than live even if the deponent is capable of attending the trial.
We have been certified in the complete understanding and proper use of video for use in testimony under oath. We have a thorough understanding of the “Federal Rules of Civil Procedures” and the “Federal Rules of Evidence” which govern the use of legal video both before, during and after the process.
Why Use a Video Deposition?
There are several reasons why you may want to use a video deposition. The most common reason is when you need the testimony of a key witness, but for some reason they cannot attend the trial. This could be due to the distance the witness may have to travel. It can also be due to physical or medical reasons that prevent the witness from attending. Video depositions can be set up in a hospital or nursing home if necessary.
A second reason for use of a video deposition may be monetary. Often a doctor or other highly qualified and respected witness may be used to offer an expert opinion. The cost of using their services can be rather high, especially if the witness may have to travel and remain at the trial for several days. Having their testimony on tape gives you the ability to use their words any time during the proceedings and to be repeated if necessary during your closing arguments. The cost savings in this situation can be enormous.
Another reason to use a video testimony rather than a live testimony is the deponent may be much more comfortable and at ease during a more private session. A relaxed witness can appear more credible because he or she can think more clearly. This is especially true when it comes to children. This can work for or against council so it is important to understand the situation and how the deponent is likely to come across in this type of situation. Many times an expert witness falls apart under cross-examination. It is better to have this happen before rather than during the actual trial. Also, a person that is very charismatic or personable can be neutralized during a video deposition.
There are several more reasons why a video deposition may be much more advantageous than a live testimony. One such example is when a deponent is asked to handle an object or evidence. During a live trial, the members of the jury, as well as the judge, will not be able to view his or her handling of the object in the same manner and from the same angle. If the deponent’s handling of the object is critical, then this is one way to ensure that everyone sees the same thing.
Finally, the use of video evidence and testimonies improves the flow of the trials and eliminates calling witnesses out of order. This can and has had a big impact on previous high profile trials.
What You Can Expect During A Deposition
We will arrive early and make every attempt to be set up before your deponent arrives.
We will dress in a professional manner.
We will use professional video & audio equipment.
We will continuously monitor both the audio and video.
We will set up the room for the highest quality recording.
We will make every attempt to be minimally intrusive.
We will make back up video as well as audio recordings.
We will log all objections and colloquy.
We will conduct the deposition according to the Federal Rules of Civil Procedures.
We will provide a “Certificate of Authenticity” with the original video recording.
And Here is Why!
Two Thirds of all court videos can be impeached if the judge or opposing council know what to look for.
There are in place, very specific guidelines and rules that govern the use of video in legal proceedings. Because court video can be such a powerful tool, it is regulated closely by both Federal and State courts. A trained and certified court videographer is well versed on the “Federal Rules of Civil Procedures” and the “State & Federal Rules of Evidence”.
In certain situations it is permissible for a legal video to depict emotional distress, pain, suffering and biased points of view. In other situations even the slightest hint of bias or veering from the actual facts will be disqualified by a judge. A certified court videographer knows when and how to properly use these rules.
Even the presentation of a court video can have a direct bearing on the outcome of a trial. A certified court videographer understands the implications of properly or improperly setting up and presenting to a judge or a jury, a video deposition or documentary.
Don’t take a chance. It is not worth gambling a case to save a couple of hundred dollars on a non-certified videographer. AGCV is the world’s largest and most respected organization for training and certifying videographers for dependable work in courts today.
We Work Closely With Court Stenographers
We always work closely with court stenographers when doing depositions. We feel that we are a team and as such we will do everything in our power to assist the stenographer. As a rule, we will always provide the court stenographers with a copy of the audio in stereo of a deposition. A copy of this audio will also be available to council for a small fee.
Please give us a call to discuss how we can help bring greater efficiency and professionalism to your litigation.
Remember, Castlewood Studios is the #1 name in Missouri Videography and Video Production.