Sunbelt Blog

Tips for Presenting Depositions in a Favorable Light

Depositions are used for a variety of purposes including the discovery of facts that have a favorable effect on your case and leading to the real issues of the case. After videotaping a deposition, you have the opportunity to pick and choose key testimony for later inclusion in a settlement video or legal presentation. While each deposition has its own primary purposes, keep the potential for a future presentation in the back of your mind and make sure to videotape it.

During the Deposition
Ask open ended questions rather than yes/no questions. For example, rather than asking, "I understand that it was raining outside, correct?" ask the witness to describe the weather. Later, in a legal video presentation, the testimony will be more powerful because the witness will be explaining key points in his own words rather than agreeing or disagreeing with you. You'll also want to use conversational questions such as "And then what happened?" or "What did she say?" Again, the idea is for the witness to tell the story in his own words.

As a lawyer, you most likely already ask these types of questions, bringing you one step closer to an effective legal video presentation. What you may not be as accustom to is removing yourself from the stage. During a videotaped deposition, sit with the camera just to your side or slightly over your shoulder so that you're not in the shot and the witness appears to be speaking to the camera as much as possible.

Consider the effect of lighting on the witness's appearance. While a video deposition isn't meant to be a video production, the typical lighting in a conference room can be harsh with its cool tones. If you have a sympathetic witness, consider holding the deposition in a less harsh lighting environment. A professional video production company can help you with warmer lighting choices.

After the Deposition
As you view the video deposition, listen for testimony that could make an effective "sound bite" in a future settlement presentation and make a note of it. Depending on the video technology used, you may have a time code number that indicates where in the videotape this particular clip is located or you may be able to bookmark it on your computer. You may even be able to export the clip into a separate file for later editing. Taking a few notes and bookmarking clips won't take up much time at this point, but could save you a lot of time later should you decide to create a settlement video or legal presentation.

Your video deposition may never see an audience, but if it does, your awareness, notes, and bookmarks will prove invaluable when the time comes to create a legal video.