More helpful advice for taking a video deposition.
Posted on Apr 5, 2011 12:05am PDT
The person that is giving the testimony in a video deposition should know that while they think it is proper to answer the questioned directly into the camera they should avoid doing this. Instead they should look at the attorney who is asking them the questions at all times. Also, explain to the person testifying in the deposition that they should avoid looking at the ceiling or down at the floor while testifying. In the event that the witness has to read a document, this is very permissible but after they finish reading it they should look back up at the attorney and answer the question. It will probably be difficult but try to make sure the person giving the testimony understands that they should avoid having long pauses before they answer a question and in the same manner during answering the questions. They should sit properly in the chair while still being relaxed and comfortable. Their feet should be on the floor while they should be leaning forward with their hands resting on the table or in their lap. At all costs do not lean back in the chair, also avoid crossing your arms or fiddling with anything. This may be perceived as someone that is lying or at the least someone nervous about the testimony they are giving. This will show up on the video, which can be very damaging to a future jury if the case gets that far. Always remember video can be more compelling then a typical transcript. The most important thing you need to do is to hire a seasoned professional one that is a Certified Legal Video Specialist who has been trained in how to properly tape a deposition without being biased for either side. And it is imperative that the videographer has top of the line video equipment, cameras, and microphones that will remove undesired distractions via bad video or audio. Never let someone hire a videographer who has connections with any of the parties involved in the case, this could likely cause them to have bias during the deposition.
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