Considerations for Effective Video Depositions

Conscientious preparation before deposition will help avoid the inevitable pitfalls that occur when an ill-prepared witness is confronted with the challenge of a rigorous examination that is captured on videotape. Here are some general guidelines for getting the most out of your videotaped depositions.

On-Screen Time/Date

In addition to the obvious purpose – knowing when the deposition was taken – there are other good reasons to make sure any deposition you take has the time and date embedded.* Adding seconds to the videotape (in addition to hours and minutes) greatly facilitates the ability to edit tapes efficiently, in that the time can then be synchronized to the court reporter’s transcript to aid in finding specific points on the tape during review and editing. Because capturing seconds may require the videographer to bring special equipment, let him/her know your preference a day or so before the deposition.

*Federal rules require a videographer to record the date and the time of day of a deposition that will be used in federal court. The rules governing depositions taken under the auspices of state courts vary.

Individual Lavaliere Microphones

Every participant should be outfitted with a lavaliere microphone to guarantee a proper audio track on the tape. The microphone on the camera or a table microphone cannot be relied on to produce a quality audio track. This means the videographer should have at least four microphones, in addition to an omni-directional table microphone (to pick up “unmiked" objections) and a mixer at every deposition. During the deposition, the videographer should monitor the audio mix via headphones and make any necessary adjustments.

Tape Formats

DV-CAM is the premium format for videotaping depositions, as this format combines pristine quality and no generation loss with up to three hours of recording time. SVHS and Hi 8 provide acceptable quality with ample running time. While large-format MiniDV is an acceptable format, avoid consumer or “prosumer” MiniDVs, as they are limited to 90 minutes of recording time, which may result in having to take an excessive number of breaks during the deposition to change tapes. Avoid VHS altogether, as it may degrade in quality when copies are made.

Backdrops

If you are unsure whether your videographer routinely travels with a flexible, solid color backdrop, it is the safe practice to specifically request one. A backdrop eliminates distractions and standardizes the deponent’s appearance (e.g., videotaping an opposing medical expert against a neutral background, rather than in front of a wall boasting his academic credentials).

Framing Composition

The frame should include a standard head and shoulders shot, with a slightly larger surrounding area to provide perspective. While most videographers with experience taping depositions will set up this way, do not hesitate to ask to look through the viewing lens or check the monitor to satisfy yourself that the picture is satisfactory. (This is even more important if you are defending a deposition.) Inform the videographer of any expectations regarding zooming in and zooming out when the witness is shown a document or other materials. To avoid potential distractions for the witness and the viewer, specifically ask the videographer to warn attendees if extraneous materials (e.g., a laptop cover, newspapers, or a crossed leg) drift into the frame during the course of the deposition.

Lighting

The videographer should carry a light kit to add “fill” light as needed. Most of today’s cameras are extremely effective in low light, but a light kit can help to fill in shadows if there is harsh overhead lighting. The lighting set-up greatly impacts the way the witness is perceived; a simple, soft key light generally enhances the witness’ appearance and harsh light from above will cast shadows that may make the witness appear sinister or angry. Check the monitor and make any lighting adjustments before beginning the deposition.

Room Set-Up

The most common set-up is to shoot the length of the table, with the videographer at one end and the witness at the other, and opposing counsel on opposite sides of the table. Keep in mind that the closer the examining attorney sits to the videographer, the better the shot of the witness. Conversely, sitting closer to the witness will force him/her to turn an undesirable side view to the camera. Jurors appreciate the opportunity to assess a witness “head-on,” and tend to assign lower credibility ratings to witnesses that deny them that opportunity.

Exhibits

Prior to starting the deposition, the parties should discuss with the videographer any exhibits that may need to be shown on the tape. If there are X-rays, a light box should be situated to the side of the witness. Documents and pictures are easier to videotape if they are attached to rigid card stock, as it is hard to hold and point to a document that is flopping around. Exhibits should be steadied on the edge of the table to stabilize them for camera framing. This makes it simple for the videographer to zoom in to capture the exhibit.