A deposition is a significant event in any legal proceeding as it influences the outcome of a case. 

No matter how confident you are, appearing for your deposition can be an anxious or even nervy experience with court reporters, attorneys, and legal officers waiting to hear your account of events.

This post explains what happens during a deposition and how to go through it for a successful civil lawsuit.

What happens in a deposition?

A deposition is a sworn oral testimony conducted out of court and recorded by a court reporter. It allows the opposing counsel to ask you questions about your lawsuit. Instead of telling your whole story, the attorney will ask direct questions and expect accurate answers from you.

Reasons why depositions are important

Records, documents, and other physical evidence are not adequate to paint a clear picture of the facts of the case during court proceedings. After all, they are usually taken at face value. 

Documents used as evidence cannot recount what happened at what time. For this reason, having witnesses testify under oath is vital, and that’s why depositions are necessary.

Depositions are oral testimonies from witnesses that are converted into written transcripts. They ensure the evidence provided by the witnesses remains the same throughout the lawsuit.

The participants in a deposition

Every deposition has at least four parties involved, including the witness, opposing attorney, witness’s attorney, and a court reporter.

• Witness – The witness provides an oral statement under oath that is later converted into a written transcript.

• Opposing attorney – The opposing counsel asks the witness direct questions about their case.

• Court reporter – The court reporter is responsible for recording questions asked and the responses to create an accurate written transcript.

• Witness’s attorney – They protect witnesses from answering inappropriate or misleading questions.

Where are depositions held?

Depositions are sworn, out-of-court oral testimonies and can happen in an attorney’s office, a conference room, or anywhere both sides deem suitable.

Clients may utilize video conferencing to conduct their depositions if the opposing counsel is out of town. The best part is that video depositions are admissible in court and are fast becoming popular due to their convenience. 

Depositions are part of the legal process, and they offer a chance to tell your story about the case in a written statement. They affect the outcome of a case since any discrepancies might suggest you are not a reliable witness.

Depositions are legally binding, meaning all witnesses must provide information about a particular case. Moreover, attorneys from both sides need to know what all witnesses will say during court proceedings in order to prepare their defense accordingly. 

It is therefore important to prepare your client for deposition way in advance. This will help them know what to expect, and avoid feeling intimidated by the opposing counsel.

Here are six points you need to know about preparing a first-time deponent for depositions:

What is a deposition?

A deposition is simply a testimony provided by a witness out of court in a civil lawsuit. The witness or deponent will have to answer various questions directed to them by an attorney. The interrogating lawyers use these question and answer sessions to gather as much information as they can from the witness to help them prepare for their cases.

Depositions are normally used to establish what a witness knows about a particular case. The information obtained can also be used during the trial to ask the witness why their statement conflicts with what was said during the deposition. Letting your client know about depositions in advance can help make them comfortable and confident about the entire process.

What should your client wear during a deposition?

A deposition is similar to a job interview. This means your client should wear decent clothes and avoid anything casual. Ideally, the deponent should dress conservatively by wearing long pants and dress shoes for men or a blouse and long slacks for women. Ask your client to avoid wearing jeans, shorts, sneakers, and sandals during depositions. The main goal here is to look neat and professional while remaining as comfortable as possible.

What should the deponent bring during a deposition?

Your client should not bring anything to the deposition as these items might be used by the opposing counsel as exhibits.  For instance, if you provide your client with various documents to review, make sure they don’t bring them to the deposition. The opposing attorney might mark whatever document your client brings as an exhibit. 

Even a phone can carry vital information that can be used against your client. The attorney may ask to check your client’s phone for emails, WhatsApp messages, and text messages. With this in mind, it is always a good idea to ask your client not to bring anything other than car keys or eyeglasses.

What time should the client arrive?

Your client should arrive 15-20 minutes before the deposition session starts. This will give you and your client adequate time to prepare and go over any last-minute items. The client will also be able to use the restroom or drink some water if they need to. Moreover, you can plan with the deponent how you will walk into the deposition room together. This will give the client confidence, and he or she will not feel out of place.

Describe what the deposition room will look like

The earlier your client arrives the better. This will give you a chance to describe to them how the conference room looks like. You will also show them where to sit during the deposition. If the session is going to be videotaped, you need to tell the client that they will sit facing a camera and that the client will be the only one in the frame. Also, tell the deponent where the opposing counsel, the videographer, and the court reporter will sit so that the client can picture the scene in advance.

What should the deponent expect?

You need to explain to your client that everything they say during the deposition is on the record. The videographer will start recording and the court reporter will start typing once the deposition begins. The client is required to raise his or her hand to take an oath confirming that they are saying the truth. After the oath, the opposing counsel will start asking questions. Let your client know when he or she should expect to begin answering the questions.

Moreover, while creating quality legal videography requires a high level of expertise, the various benefits it presents make it a worthwhile investment for all types of litigators. 

Helps Make a Case

A video gives a clear visual perspective of the featured individual, particularly their thoughts, actions and body language. Preserving such details, which may not be possible in a written deposition, is key to successfully push through a long, drawn-out trial. 

Repeatedly reviewing video footage of a witness may make you discover things you probably wouldn’t notice in person. These new details can help you destroy the opposing party’s case, and consequently reach a settlement that’s favorable to you.

Serves as Evidence of Speech

Lying under oath is a criminal offense. However, some cunning witnesses may choose to lie in order to help the plaintiff or defendant win the case.  Having video evidence, rather than just words, to counter the lies will put you in a much stronger position to prove your case. 

Moreover, a visual point of reference can help you notice discrepancies in subsequent testimonies and depositions made by the same witness, which can help you prove they’re not reliable.

Helps You Save Money

As mentioned earlier, legal video can help reduce trial costs if applied the right way. For one, having your witnesses give their statements through video conferencing software can help you save on transport costs if they happen to live out of state, or in another country. Also, if you want to include the views of an expert, or two, in your case, it will make more sense to get everything on video as opposed to flying them out and paying for their accommodation. 

The fact that most courts are now accepting the use of legal videos means that in the near future, all depositions, and testimonies could exclusively be done via video link. 

Provides a Truthful Record

While most courts will consider the transcripts produced by official court reporters before the recordings made by litigators, legal videos can still come in handy in certain instances. For one, they help set the record straight in regards to who said what to who, and when. To make your videos more credible, consider syncing them with the text transcripts. That way, the court will still be able to verify the voices involved, but now with an additional view of the tone, and verbal cues of the speakers.

Visual Evidence is More Believable

Video evidence involves both the senses of sight and hearing, which makes it more engaging and memorable. Depending on the type and strength of the evidence you’re presenting, legal videography can be a powerful tool towards impacting the minds of jurors and judges in your case.

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.

So you know that you should prepare a witness for a deposition, but what do you do? In case you’ve never done this before, there are a few key things that you should definitely pay attention to. Okay, it is slightly more than a few.

For one, you want to pay attention to the clothing that your witness is going to be wearing. You basically want something that is respectful and put together. The clothes that they are going to wear should be somewhat comfortable, but should really fall in the realm of professional outfits more than casual. Anything but casual and sweatpants should definitely be a no go.

You also want them to cut back on the patterns as well as the colors. For women, do not have them wear anything that is too revealing or is low cut in nature. For men, have them hold off on colored shirts that are too loud or ties that have a lot of patterns going on. It will look bad and look bad on camera too.

The video person needs to get a good balance of color. Try to avoid black and white as well to get everything right on the video. Posture should be natural and as comfortable as possible. Get the witness to be in a chair and sit up, getting them to have good posture to look good on camera.

Have them try to have a pleasant expression on their face that is as natural as possible. Have them try not to react and to be polite. Do not have them fidget or move around too much. Keep focus on the camera and do not have them look away.

You want all cell phones off too for this. Make sure that the back wall is also blank and not distracting. No ringing or colors or patterns with windows behind should be used. They are too distracting. The light needs to be good and you should be sure that you are working with a quality team that knows what they are doing.

They should be certified and know how to record a deposition. This is very important when you are going into a court room or recording a video. Prepare your witness and you will know that everything is going just the way that it should. You will be then likely to have a better result and be happy in the end.

There are many types of certifications out there and if you’re interested in becoming a videographer for the courts as your career, you may need to see what’s out there.

Certification desirability may vary by state or location. Depending on what county, state or local area you are in, the license and certification requirement may be different from place to place.

A popular one comes from the American Guild of Videographers and is the ‘Certified Deposition Video Specialist’ certification, but check and see what the requirements are when it comes to the court system you will be working with– it’s good to know.

This field has a few requirements, as most career fields do. While it is something that the majority of people could technically do, the fact of the matter is that your dedication level and commitment as well as some positive traits that lend themselves to success will determine how suited you are to this position.

You will likely want to check out training or licensing courses near you. Make sure that they have the proper credits or what they offer is going to work with where you may be employed in the future or that it is a popular and reliable license.

Things you will be trained in include the basics of the field, videography skills, the ability to follow procedure, how to protect records, how to problem solve, and more. The process of certification may be one that you pay for, but is also worth the value that it provides– preparing you for working in the field.

It will also allow videographers to learn how to record audio and video and pick up on body language or nonverbal cues. Video recordings offer the ability to influence a case, and jurors as well as others making decisions in the system review evidence regarding the cases frequently. Video over text transcripts or presentations can often capture and relay testimony that can help the jurors come to their ultimate decision.

When you specialize and work in this field, you will become a part of the process of court testimony. They are a crucial part of capturing the video that is presented in court. It’s also a skill that can transition outside of court and be used for recording depositions, creative work, interviews, documentary, testimonials and more.

One of the more well known purposes would be to impeach a witness while they are testifying. This can be very effective on a jury because a contradictory statement played back has tremendous impact. It’s a far more dramatic and impactful way to produce results than simply having counsel read back a conflicting quote or statement.

The truth is that we’re visual creatures but also suspicious and emotional at the same time. We can get a feeling much better if we see something for ourselves– and as they say, seeing is truly believing. Having a video as opposed to words being read on a paper can often be a very different experience and one that has a huge effect on how a trial goes.

Legal video that has been taped can often be very useful. It can take the place of a live testimony while still delivering the content of that testimony. This is often done when clients or witnesses live out of state or have a medical condition that means that they will not be able to travel. Whatever the reason is, using video to take the place of an in-person testimony is a common practice.

Video depositions are also becoming utilized more frequently these days due to their efficiency. Using video tape over getting someone all the way to court can often help save a lot of cost. Even for expert testimonials, this can be used.

Videos do not necessarily have to involve testimonials as well. They may also occasionally focus on reconstructing an accident. This can display to a jury the way that an accident occurred and cuts out the middleman of imagination for a more effective presentation. In addition, video testimonies can present to a jury the chance to see everything about a witness and their testimony.

As people have been proven to remember things that they have both heard and seen more after a period of 72 hours over things that they just heard (audio), it makes sense that video depositions are so frequently used. Trial presentations frequently benefit from using them– and that is why so many litigation parties use them time and time again.

When it comes to needing testimony, this type of videography can come in handy. It could mean the difference between winning and losing a trial.