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O’Brien & Levine Blog: On the Record

Video Deposition Tip: No Motion Needed

Screening deposition video clips before juries is hardly a novelty today. Seeing and hearing the witness’s response to an attorney’s matter-of-fact questions is far more telling than displaying enlarged text pulled from the transcript.

The deponent’s demeanor and tone revealed on video playback captures the attention of jurors, and can go a long way in supporting the theory of the case. Crisp, eye-catching and ear-catching production—in high-definition videomakes a difference.

Massachusetts, like most states, does not require certification for a videographer to record a deposition. Phones and tablets are equipped with ever-sophisticated recording features. Why not have an associate or paralegal point the device at the deponent and hit “record?”

DIY legal digital production is more complex than imagined. Getting it right takes more than a smartphone in your briefcase. A professional legal videographer/court reporting team will be ready with the right gear and expertise: High-resolution cameras, sound recording equipment, back up devices and the know-how for sharp framing, focus and color. Also, if a client or member of the litigation team is attending the deposition remotely, they can follow the video stream and transcript of the witness’s testimony through a secure realtime feed.

For court, the witness’s video testimony is synchronized with the reporter’s certified transcript to create compelling clips for playback at trial.

Considering video for upcoming depositions in state or federal cases? Contact us. Recent updates to the Massachusetts Rules of Civil Procedure for taking audio/visual depositions makes scheduling straightforward. A motion is no longer required. We’ll answer your questions and coordinate all the details. You stay focused on your line of questioning.

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