A deposition is something that every person ideally has a good working basic understanding of. Knowing what you’re contending with if you yourself have to deal with a deposition is key to being successful in the end because a good one helps lawyers come out on top and win cases.

A good deposition can definitely go a long way when it comes to helping to win a case. Victory is key and losing often can come with not-so-great case results. So it makes sense to do your research, because whether you’re in the legal field or simply temporarily involved in it, you definitely want to know what you are dealing with. When you know more about a topic, you are able to make choices that are better informed and may benefit you in the end.

Deposition Basics

Attorneys use depositions to help boost their case or attempt to. These tools are gathered together in the ‘conduct discovery phase‘. This allows legal professionals that are involved to do what they have to in order to put together a fact and testimonial based profile.

These are defined to be formal investigations. Witnesses that are called will take an oath and then the questioning will begin. These witnesses need to tell the truth and everything that goes on or is said will be taken down and formally recorded. This includes all formal questions as well as answers, recorded on a transcript.

The transcript will be the official record for the case and can be used as an analysis reference. This makes it useful to both sides involved. Deposition purpose can often include putting together an event narrative that’s focused and coherent. This makes sense since it will be involved in the case strategy most likely to a large degree, making it invaluable to this process overall.

Depositions are important because they are like a trial that happens before the actual trial. This is a practice run– a witness can go over the testimony that they delivered so that they can present it if they need to when they are in court.

The main purpose of depositions is to allow the opposing counsel to get on with their investigation. They’re trying to ready themselves for any testimony from the witness, analyzing events and working the case overall. That means that they’ll be able to capitalize on the things that are inconsistent later. So for witnesses, their story being consistent is important.

Attorneys usually want witnesses that have a consistent story as well. Remind witnesses to speak clearly and slowly as well, mindful of every word. Advise them that they should allow an attorney to ask their question first and make sure they’re done before answering.

Don’t cut off an attorney or be in a rush to speak. Witnesses should be honest. Tell them that if they don’t know an answer, just be honest and say “I don’t know”. Also ask questions to be repeated if not understood. Treat a deposition like a test run and good luck!

Videos can also useful. When it comes to the legal field, video can be very helpful when it comes to strengthening a case. For an attorney, turning to technology when it is useful could provide an advantage that makes the difference between winning and losing a case.

What are the advantages when it comes to pairing video with depositions? Consider the following benefits to find out exactly why so many people use video depositions to their advantage.

1. Showing Demeanor and Body Language of a Witness

Even if attorneys want to tell, it’s sometimes easier to show. Video allows lawyers to do that and help them make for a case that is more compelling. A transcript cannot communicate the reactions, body language, and state. When caught on video, the proof is in the pudding, as they say. Displaying the true demeanor of the witness when they were testifying can be important, and video allows for that.

2. To Get the Attention of the Jury

Videos can get the attention of a jury that may not be as engaged otherwise. Jurors should ideally be engaged, and presenting evidence can help grab their attention when it is in video form. Since we’re used to paying attention when a video is on, video depositions often are the thing that can most grab the focus of a juror far more effectively than something like a transcript that is read aloud.

3. Allowing Witnesses That Aren’t Physically Present

Some witnesses are key to a case but cannot attend for whatever reason. The video can make up for distance, illness, or other reasons why the witness cannot physically be present. Whether at a home, hospital, care facility, or other place, video tech can be brought to them that allows them to participate in a deposition even though they cannot be there physically to do so.

4. Saving Money

Doctors or other witnesses often give their expert opinion. However, fees and travel costs can run quite high. Having video testimony can allow you to have the option to reference their words during proceedings at any time you like and even repeat it during closing arguments. It can save quite a bit when it comes to expenses for these experts otherwise.

5. Showing Physical Evidence

Another benefit to using video is that it can let a jury and a judge see a witness that is handling a piece of evidence. They can actually view it for themselves and all see the same video of the witness. If this display is critical, showing it on video can impart a lot to a jury that might otherwise be lost in translation.

6. They Assist In Trial Preparation

Legal video depositions could very well end up being a great reference tool when preparing for trial. Whether deciding to use witnesses or getting ready for examining the witnesses you will use, videos can come in handy. Using video means that you’ll also be able to review it as well as making your assessments while preparing and getting ready for your presentation at trial.

7. Impeaching the Witness

The testimony provided by a video deposition can even aid in impeaching a witness if or when they decide to change a testimony at trial. This is a huge benefit to video depositions and a great reason why so many do opt to use them. Seeing is believing, and a judge and a jury seeing a witness state something different on the video than they did in the courtroom can have a tremendous impact, far more so than even a transcript reading would have.

A legal video deposition can help make you more effective in a trial than ever, giving your client and yourself a better result in the end. Contact a court reporter if you’re deciding to use video and they’ll help you with the details. Remember to ask them what they will need for the deposition too. Use video for your depositions and take advantage of all the benefits it has to offer.

It’s their job to create an accurate set of records that has legally recorded events and things spoken. At the end of the day, you want to help your reporter to get the most accurate record possible, especially when a case depends on it.

Of course, most reporters are professional enough and well trained that they are going to give you a great result. Today we’re going over what you can do to help them and benefit your reporter so that the transcription is the best that it can ever be.

Do you know what you can do to help your transcriber/agency out? For one thing, you may have no idea that there are things you can do when you book services for deposition that can help your reporter and their agency create an accurate transcription.

Commit to communicating early in the process.

Communicate as you need to and earlier in the process as opposed to later. It’s good to schedule a hearing or a deposition with an agency as quickly as you know that you need one. The reporter that you hire will end up being part of that process, and the earlier that they have access to the materials and information that they need, the better off everyone will be.

Let them know about any changes.

Help out your reporter by keeping them actively informed about what is going on. If there are any changes to the schedule or any cancellations that occur, let them know. You may also want to send along any copies that you have that you either need or will be using, like a subpoena or other documents. This will let your reporter see them and get ready in advance so they are ultimately more prepared.

Let the agency know of any unique circumstances.

If you know that a deposition or court appointment will be longer and last through lunch or the evening, let the agency know. They can then inform the reporter, allowing them to make arrangements to let them cover these circumstances.

Knowing that you might need a videographer or an interpreter present means that you should also share this information with the agency. Do so ahead of time and give them as much information as you are able, explaining why these services will likely be needed.

Alert them to your needs and preferences.

Let the agency and reporter know what you will need and why. For instance, you may require the transcript to be in a certain format when you receive it. Or you may need it expedited. Letting an agency know your needs and preferences when you are booking will allow them (and the reporter) to take them into consideration.

Take a moment to check the spelling.

Court reporters work phonetically to record a deposition. Sometimes the first draft is not going to have ‘traditionally correct’ spelling. If you are working with a court reporter, you may want to give them a list of phrases or words that they might be coming across. That way, they can avoid spelling them incorrectly and get them down. Some court reporters may verify strangely spelled words, but it’s a good idea to give them a list beforehand so they know.

Be sure that you are enunciating when you are speaking.

Court reporters are able to type words at an incredible rate, even reaching speeds of 200 words a minute. But when things are going quickly in the deposition or court room, it can be tough to figure out what people are saying or keep pace. Creating accurate records means that you do your best to enunciate and not speak over others so that there is flow and what is transcribed is accurate. Speak clearly at all times so that the records are as clear as possible and the recorder does not have to stop things to clarify, ideally.

Try to use words and not strange sounds that aren’t words.

Sounds that are not clear should not be used. Avoid saying ‘uh-uh’ instead of no. Dictate ‘no’ and ‘yes’ clearly. Even if you don’t think that it makes a difference, consider that sounds really don’t have any shorthand notations. Ask for clarification as a reporter and as a legal side, advise your clients and any witnesses to speak clearly to avoid delays.

Be sure to work with an experienced reporter.

Hiring an experienced reporter is essential if you’re going to have a great set of records at the end. If you want accuracy, then you have to go with a reporter that follows the guidelines set by the board in their state. Reporters often need to be trained well and a good reporter has excellent training as well as the ability to transcribe in a variety of formats.

Reporters should identify everyone clearly.

You’re going to want to start off a legal deposition on the right foot. You’ve got to identify yourself as well as the other people present, which will include counsel, witness, and other people there. If depositions are to be used in court, they must be as accurate as possible and complete in nature.

Be sure as the reporter to state the name of the case. Identify yourself every time you speak on telephonic transcriptions to be clear. When referencing exhibits, state the name, the date, its number, and other features.

Focus.

Having a sense of clear focus will help you produce a flawless record that benefits everyone.

What is a deposition and why does it matter?

Understanding the Basics of Deposition
A deposition is a tool used by attorneys and can be a useful ally to any case strategy. Depositions are gathered in the conduct discovery phase. What this does is it allows the legal professionals involved to put together a profile of facts and testimonies that are directly relevant to their current case. These depositions are formal investigations. Each witness that is called will be questioned under oath, and it’s important that these witnesses tell the truth.

Depositions are recorded. Everything that is asked and everything that is formally answered is taken down by a court reporter into a written transcript. This transcript will be used as both an official record of the case and a reference for analysis, so it’s both very important and very helpful to both sides. One of the purposes of doing a deposition is to put together a coherent narrative of events. Since it’s this narrative that will play a big part in the case strategy, it’s a valuable part of the process.

Another reason why depositions are so important is that they are a kind of trial run before ‘the real thing’. A deposition is kind of like a practice run that allows the witness to review their testimony in case they need to present it in court. Of course, the main point of a deposition is for the opposing legal counsel to conduct an investigation. They’ll be trying to get ready for the witness’s testimony and analyze the events and overall case so that they can capitalize on inconsistencies later. For witnesses, this means that a consistent story is vital.

As an attorney, it’s best to have witnesses that are offering a consistent story. Be sure to remind the witness to speak not only clearly when answering questions, but slowly and mindfully. Also advise them to always let the attorney complete their questions before they answer– never cut them off! Being honest is the best way to get through a deposition because the story never changes. Remind them that saying they do not know to an answer is okay if that’s the truth. They can also ask the question to be repeated or clarified if the question is confusing or vague.

When it comes to video conference recording, it can all go smoothly if you plan ahead. If you arrange for the recording of a video conference, you may be allowed to use it to preserve testimony– again, all if you plan ahead. These types of recordings are not the same as video recordings that have been made by a completely legal videographer, so there can be complications as there are often exact requirements for them.

A video conference recording has to have these following features. They will capture the image and sound from the conference– this includes any variations such as static, lags, or delays. Anything that is going to cause the testimony to appear inaccurate, flawed, or disjointed may not be allowed.

A video conference must also follow the procedures that are outlined according to the Civil Rule 30 (b)(8). In addition, you may find it helpful to know that a video conference recording will likely require a court order or stipulation in order to be admitted in court. However, if you have all of your ducks in a row, your video conference will likely be admitted. Be aware!

Using this type of technology can save costs and even be quite convenient. However, both parties should agree to the use before it goes ahead and the Court’s permission should be obtained to conduct a deposition in this manner, according to Civil Rule 30 (b)(4) and Civil Rule 30 (b)(7). They should also have an agreement in any stipulation that designates who the deposition is taken before, according to Civil Rule 30(b)(4). When video conferencing with witnesses, follow these rules and you likely will be fine. Thanks for reading, and good luck!

Typically, video depositions are particularly excellent when offered by a plaintiff as an admission by the defendant. Alternatively, they can be ideal when it comes to presenting depositions of key witnesses, who may for one reason or the other be unable to attend the trial proceedings. On the flipside, in the out of court scenario these invaluable tools can assist attorneys to determine just which witnesses they should use, as well as helping them in the preparation of direct/cross examination of the same.

Opting for video deposition services can significantly minimize trial costs, do away with “big guy/big budget” assertions and even fear-downs and unnecessary interruptions. To make things even better, video testimonies, are for the most part, extremely inexpensive. This naturally makes the creation of video depositions readily accessible to virtually any kind of lawyer. However, the distinct quality of these legal tools is always a critical factor on which to reflect. Simply making use of a webcam often leads to poor quality videos that are inadmissible in most courts of law.

To this end, utilizing online video deposition services is certainly the best way to go about it. Firms that offer these services are known to invest in the right technology and also possess the necessary manpower. Both of which are indispensable resources that most law firms don’t ordinarily have in their power. They can also effortlessly fast track and streamline the process of making a proper video deposition. While also going out of their way to guarantee the integrity of these tools in a court of law.

As such depositions happen to be visual-centric in nature, the most critical factor to consider is appropriate preparation of witnesses. Most especially in effectively training them in accordance to the laid down regulations of legal video testimonies, it is a good idea to teach them on body language and eye contact, along with the significance of such non-verbal cues on the opinions of the intended viewers.

Finally, video deposition services are noted for their unparalleled convenience. There are a wide variety of computer applications that permit attorneys to process such testimonies online. Lawyers can effortlessly access the services of secure real-time storage of videos and transcripts in centralized databases. This can come in handy in facilitating for convenient retrieval and assessment whenever necessary. They can also be in a position of annotating and indexing footage–together with making data searchable, particularly for highlighting or evaluation of crucial testimonies. Ultimately attorneys can be able to choose which clips to use in their trial presentations.