NCJ Number
117336
Date Published
1989
Length
9 pages
Annotation
After reviewing some of the benefits and problems of videotaped depositions, this article addresses some of the practical matters in preparing an effective videotaped deposition.
Abstract
Advantages of a videotaped deposition are its showing of a witness's personal injuries, its use with a terminally ill witness who may not live until the trial, its use with experts who have difficulty scheduling live trial testimony, and its yielding of an immediate record. Some problems include cost, the necessity of preparing a transcript from the tape if the witness's testimony is used in pretrial motions, and challenges which may be raised regarding the accuracy of the tape and the transcript. Some practical advice for making effective videos are the use of proper lighting, the use of color cameras, and the use of suitable clothing and makeup to enhance the video portrayal of witnesses. Witnesses should be trained to look into the camera while testifying and to respond as promptly and confidently at a video deposition as at trial. Camera angle and the suppression of noise are important considerations. The article addresses such issues as whether to use zoom lenses, how many cameras to use, the 'notarizing' of the tape, who pays for the deposition, and how to handle objections. The appendix presents a sample stipulation for a video deposition.