Sunbelt Blog

Video Deposition Tips

Video depositions are invaluable tools that serve several purposes including discovering information and preserving testimony for trial. In both cases, videotaping the deposition is a smart move. However, the process is stressful enough for those involved and the presence of video equipment could add to the stress. Fortunately, you can help your witnesses by following these video deposition tips.

Preparing the Witness for Video Depositions
No doubt, you’ll prepare the witness for the deposition process beforehand. While you’re at it, prepare the witness for the video camera so that when it’s time to shoot, there won’t be any surprises. Let your witness know that the camera isn’t expecting a performance; it is merely a tool to document the process.

That said, appearances do matter because the video could be played in court. Because of this, the witness should dress appropriately. Instruct the witnesses to dress the way they would dress for a court appearance. For example, men should wear a jacket and tie while women should wear a jacket with an understated blouse. Both genders should avoid tiny patterns, bold colors, stripes, and shiny (or noisy) jewelry.

Depending on the case and the witness’s profession, professional attire may add credibility. For example, a doctor wearing a lab coat reinforces the witness’s credibility. The same is true of a police officer in uniform.  

Where to Shoot Video Depositions
While shooting video depositions in your law office’s conference room may be customary, there’s no reason why you can’t shoot a video deposition at your witness’s office or home or at a crucial location related to the case. Shooting the video deposition at your witness’s location can help to put the witness at ease as it is less intimidating than law offices. In addition, the witness does not have to drive through rush-hour traffic, locate parking, or sit in a lobby waiting for you – all of which adds stress and contributes to nervousness.

No matter where the deposition will be filmed, try to keep the background neutral, professional looking, and non-distracting.

Video Deposition Seating Arrangements
Once you’ve staged an area for the video deposition, pay attention to where you and the witness will be sitting. For example, seating the witness in front of a window will create a silhouette-like effect which is undesirable. You should sit as close to the camera as possible so that when the witness answers questions, she is looking toward the camera, not off to the side. Make sure to have a glass of water handy for the witness to sip as needed.

Ideally, you should have the shooting area, camera equipment, and all other details in place before the witness arrives. This ensures that the witness has less time to fidget and worry. When the witness arrives, remind her of what to expect in a calm reassuring tone.

Video depositions are regular events for legal professionals, but for witnesses they are brand new. By preparing your witness for what’s to come and choosing a non-stressful location, your witness will be more relaxed in front of the camera.