Video depositions can be a very productive technology tool in an attorney’s toolbox. When a witness can’t testify live at a proceeding, a video deposition allows the witness’s testimony to be recorded on video and in a paper transcript.   Video depositions provide several advantages.  Here are just a few:

• Demonstrates a witness’s body language
• Holds the jury’s attention when played back in court
• Brings a witness to trial who cannot attend in person
• Saves costly expert witness fees and travel expenses
• Allows visual view of physical evidence

Once you know you need to schedule a video deposition, how do you go about finding a good quality videographer and court reporter?  You need to know what questions to ask when you call to schedule a video deposition.  Here are a few areas you will want to ask about to ensure you are hiring a good professional legal videographer who has the specialized skills you will need.

6 Questions to Ask Before Scheduling a Video Deposition

1.      Are your videographers certified?

The National Court Reporters Association offers a certification for videographers called the Certified Legal Video Specialist. Videographers with this certification undergo specialized training and are prepared to offer specific services required for legal video.

2.      Do you provide the ability to view exhibits on camera?

Multi-camera taping allows the viewing of both deponent and deposition exhibits at the same time.  The video screen should show the two side by side, replicating an in-person deposition where you would have the exhibits available to review.  With side-by-side viewing, you will be able to see exactly what is being referenced by the witness.

3.      Can you provide courtroom video playback?

If you may wish to play the deposition in the courtroom, you will want to hire a videographer who will come in at the scheduled time and play back the deposition for the judge and jury.  This eliminates you having to put together the technology you will need for playback.  A good videographer will take care of this for you.

4.      Do you provide post-production editing and digitizing?

Post-production editing and digitizing gives you a couple of useful advantages.  The video and transcript will be in sync. On playback, this will allow you to search text within the video. Also, when playing a synced video, you are giving the viewers the chance to see, hear and read the testimony. This reaches each juror on multiple cognitive levels and holds their attention.

5.      Is quality audio captured?

Whether you’re using the video for playback at court or simply for your own trial preparation, good quality audio is a must.  Be sure your videographer uses high quality microphones and equipment to reproduce the audio in the video.

6.      Can I view the deposition as streaming realtime video?

Streaming realtime video allows you the ability to view the video on a computer at most locations that have an internet connection.  The realtime feature means you will be able to be present by video at the deposition as it is happening.

By using these simple questions, you will discover the quality and knowledge level of the videographer you are about to hire.  If a videographer has trouble answering these questions, you may want to consider looking elsewhere. 

Most court reporting firms have a videographer in-house, or have one they have worked with in the past and can recommend.  By using a videographer suggested by your court reporter, you are likely to find one who is experienced in the special needs of legal video depositions.

ABOUT THE AUTHOR

Jane Jones is a court reporter, Co-Founder and Co-Owner of Brown & Jones Reporting, Inc. Connect with her on LinkedIn and Google+.