A typical scenario: you’re a litigator or trial attorney preparing a case and you have a number of witnesses to depose, so you pick up the phone to call your trusty court reporter to arrange the depositions but have you considered the advantages of using a videographer at the same time? There are many reasons to a video record a deposition:
1. If a key witness cannot attend a trial, a videotaped deposition can often be the next best thing. The judge and jury are not only able to listen to the witness (deponent), but also see the deponent at the same time. They can pick up on nonverbal communication that would often be critical on the stand: body language, hesitancy, vocal inflections, demeanor, volume, etc. None of these cues are available in a standard transcribed deposition.
2. Expert witnesses are often ideal candidates for video depositions. Because they are used to acting as experts, they generally know the right things to say, project an air of intelligence, are usually predictable, and are excellent at following lines of questioning. A good expert can convey an authority that surpasses the written transcript of a deposition.
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