Videography

Some Pros and Cons of Video Depositions

It is not quite standard practice, but video depositions are becoming increasingly common even if the lawyers involved do not expect to use the video at trial. Of course, there are times when a video deposition is needed, such as when a witness is infirm, might be close to death, is overseas, or will be unavailable for live testimony at trial. These circumstances will, by rule, be designated as evidence depositions and will be taken pursuant to those rules.

Other than evidence depositions, when considering Noticing a discovery deposition via video, there are some advantages and disadvantages to consider. Note that cost is not too much of a factor since having a deposition videotaped does not increase the cost substantially. Further, a written transcript is almost always needed, so a video discovery deposition does not necessarily save the costs of transcription.

The disadvantages involve a number of issues. First, setup and arrangement can be more complicated. This involves questions of an appropriate visual setting. These include an appropriate chair and proper background for the witness, correct and effective lighting, placement of counsel, framing, and other visual factors. Second, witness preparation can require extra resources for the attorneys presenting the witness. In effect, the preparation is more akin to preparing a witness for trial. This includes requiring the deponent to wear formal clothing, accessories, hair, and makeup with an “eye” toward how the video would appear to a judge or jury. Preparing the witness with respect to body language and other visual clues is also important.

Third, the same preparation is needed for the lawyers who will be present in the video (or, alternatively, it should be agreed that only the witness will appear on camera). Fourth, lawyer preparation is needed to enhance question “flow.” In a non-video deposition, if a lawyer takes 10 seconds to think of the proper follow-up question, that 10 seconds does not appear in the written transcript. In a video deposition, however, that time gap can be jarring and would potentially require some editing if the video were presented to a jury.

Those disadvantages being listed, there are a great number of advantages to video depositions. These include:

  • Taking the visual “measure” of a witness — lawyers know that some witnesses present better than others in a courtroom; issues like posture, mannerisms, visual clues of truthfulness, etc.; video depositions can capture those visual measures;
  • Visual measures are available for lawyers new to the case — it is not uncommon for one set of lawyers to “work up” a case and, later, for a set of trial lawyers to take over; video depositions allow new lawyers of the case to make their own assessments of the witnesses; further, that measure is preserved even if the trial occurs years later;
  • If used at trial, a video deposition is more useful to a jury than having a written deposition read to them (and more interesting) — the jury can see the visual clues that help their judgment with respect to credibility;
  • Video tends to help keep witnesses and counsel well-behaved during the deposition — lawyers tend to fight less on camera;
  • Conversely, the video shows “bad” behavior in a deposition — such as anger and bullying tones — in a way that cannot be shown on paper;
  • Video depositions tend to be quicker — this is partly because the lawyers involved tend to be more prepared and tend to do less “fishing”.

 

Contact Elizabeth Gallo Court Reporting Today

 For more information, call the experienced court reporters at Elizabeth Gallo Court Reporting. We follow the best practices in order to provide excellent litigation support to our customers. Contact us today to learn about our services and how we can help you.

Videography camera on tripod

 

Things to Consider When Deposing an International Witness

 

Deposing a witness is a headache. There is coordination, fees, preparation, and numerous other things to consider. Deposing an international witness can be even worse. In addition to the standard procedures you have to undertake, there are other things to consider as well. What are the internal laws of the witness’s home country? Do you need an interpreter? Must you first submit a request through the Hague Evidence Convention?

While difficult, international depositions are by no means impossible. Proper preparation, like every other stage of litigation, is the key.

In addition, here are some helpful things to consider:

  • What local laws are there where the witness is?
  • Do you need a visa for you and the court reporter to perform the work in the foreign country?
  • What oath requirements are there?
  • Do you have to make travel arrangements for a diplomatic officer from a consulate?
  • Can you compel testimony if the witness is unwilling?
  • How can you reserve a location? Can this be done by video-conference?

Some countries strictly forbid pre-trial discovery, while others allow it in limited circumstances. Further, if the country is a member of the Hague Convention, that adds another layer of difficulty.

Certain processes can be used to get evidence without a deposition. Things such as letters rogatory and letters of request can be used. Thankfully, if you only need documentation, this is a much easier procedure. But, they can be time consuming and expensive.

However, you can tailor requests to your needs. It is important to talk to an expert in this area to determine what is right for your situation. Preemptively, the client should be warned that a substantial expense is forthcoming. Finally, be careful to not go on a fishing expedition.

EGCR’s Fun Legal Fact of the Week

Elizabeth Gallo Court Reporting’s Fun Legal Fact of the Week is here to help you get through the work week by sharing a random fact about American History, law, and more!

 

EGCR’s Fun Legal Fact of the Week: The Foreign Assistance Act

 

The Foreign Assistance Act was passed on September 4th, 1961. Also, it was an Act of the U.S. Congress. This particular act regrouped existing Foreign programs.

For example, it created its own agency. This agency is known as the The United States Agency for International Development. Additionally, it created its own yet separate military for non-military aid purposes.

The Benefits of Using a Process Server

 

On occasion, a case requires for an individual to be served, which can call for a Process Server. During these times, some may think a random person might be suitable to do the job. However, that is not the case. In fact, it is best to use a Professional Process Server. We at Elizabeth Gallo Court Reporting will list out reasons why it is best to hire a Process Server versus someone who does not work in the Process Service Industry.

Reasons Why You Should Hire a Professional Process Server: 

  1.  Unlike hiring a random individual, like a friend or acquaintance, Process Servers are trained and educated to perform this duty.
  2. Your paperwork will be overseen legally.
  3. They will have a proof of service.
  4. Guaranteed to be a neutral third party.
  5. Process Servers dedicate their careers in this line of work. Their experiences allows them to serve quickly and accordingly.
  6. It will help deflect problems for your case.

 

 

If you are interested in hiring a Process Server, Contact Us today for more information!