Every state and each court may have its own rules about when and how videotaped deposition testimony can be used in trial. As technology changes quickly the options for presenting videotaped evidence may be changing as well. Traditionally, videotaped deposition testimony can be presented for two reasons; if a witness is absent or no longer able to testify, or for impeachment of a witness who is testifying in court.

In the case of an absent deponent the videotaped testimony would be presented with any objections and overruled questions edited out. As the attorney you will likely go through hand review the entire testimony then chose to use all or part of the deposition. The “excerpts” or pre-chosen segments of the testimony selected is shown to express the sentiment of the witness and to relay pertinent information they have.

In the case of using the deposition testimony for impeachment reasons, “excerpts” may be used to show inconsistent or unreliable answers. Occasionally, these segments can be anticipated, but often they are determined in court, when a witness unexpectedly alters their testimony. If you are using videotaped deposition testimony for impeachment purposes it can be especially powerful if the transcript is synchronized to the deposition video.  Synchronization of the video needs to occur prior to trial and is most effectively synched if the same agency possesses the transcript and video of the deposition. Synchronized deposition video and transcripts allow you or your trial paralegal to search a transcript, find relevant sections, clip them, and present it as needed during trial.

Always check the rules of the associated venue prior to assuming that you can use the videotaped testimony or before you make assumptions on how you would present it in court. If you think there is a chance you will need to use the videotaped testimony from the deposition in court inform the court reporter and videographer, or associated agency, as soon as possible. The videographer can then begin the process of synching the video to the transcript.

Once the deposition has been noticed to be conducted with a videographer the next step is to prepare your witness. If your deponent is not familiar with (and not previously been deposed) the thought of being questioned can be intimidating. Now, add the pressure of knowing that they are being videotaped and your witness’s stress level has potentially been elevated. Prepping a witness for this added complexity is a must for attorneys and it is a process that needs to start well in advance of the deposition date.  The videographer is there to visually record what the court reporter is typographically recording for use of one or both in trial. The videographer will not prepare your witness but may need to approach them to place the microphone.

Before the deposition: Make your witness feel at ease by walking them through the deposition process, conduct a mock deposition in which you ask and guide them through your questions and potential questions from the other attorneys.  It can be helpful to make the time to discuss objections and what they should do if you or another attorney makes an objection during the testimony. Also, let the witness know ahead of time that an objection by opposing counsel does not mean that their answer was wrong, hurt the case, or is worth getting upset about. Discuss the court reporter and videographer’s role at the deposition.

You will also need to choose the location for the deposition. The videographer will need electricity available, and room large enough to set up a backdrop, even if there is a neutral wall most videographers still will prefer to use their backdrop. Choose a setting for the deposition that will not be distracting to those present or to a potential jury watching the video in trial. You want a location that the witness feels comfortable and can remain calm, depositions are normal for attorneys but not most witnesses have previous experience being deposed.

Appearance of the witness also needs to be discussed prior to deposition day. It is important that the witness wear clothing that they feel comfortable in but that also makes a good first impression and is not districting to them or potential viewers. One option for your witness is that they dress as if they were going to court. It can also be beneficial to the credibility of your witness if they dress as they do in their career, should that profession be viewed by most as reputable, such as a doctor wearing a lab coat or police officer or fireman wearing their uniform. Be mindful that any distraction in the video can be a distraction to the jury. Speak to your witness about what is appropriate clothing for a traditional photo shoot and follow those same guidelines (i.e. No loud stripes or patterns, nothing overly tight or revealing, no shiny/ large jewelry). Also, remember that the videographer will place a collar or lapel microphone on the witness and floppy collars, necklaces, or a scarf may interfere or cause unnecessary noise on the recording.

Try to limit distractions by not placing food, drink, pens, notepads, or other items in front of the camera. You do not want a fidgety witness being captured on camera for use in front of a jury.

Preceding the deposition remind your witness to address the camera as if they were looking at a jury, do not address you or another questioning attorney. Also remind your witness to speak slowly, audibly, clearly, confidently and to avoid non-verbal answers. If your witness has knowledge that is technical or difficult for a lay person to understand walk them through explaining themselves ahead of time.

During the deposition:

Remind your witness to sit up straight, as high in the chair as necessary for good posture, and avoid slouching, twirling, rocking, fidgeting, chewing gum, and leaning out of the camera view.

As the attorney at the deposition you too may have your every sound picked up by a microphone. Try to avoid speaking too quickly, answering with non-verbals, gesturing to or answering for the witness, cursing under your breath, playing with the microphone, clicking your ball-point pen or crumpling paper. Remain calm and keep your witness calm!

After the deposition:

Review the clips you are considering for use in trial to confirm clarity, appropriateness for your case and to see how the jury may perceive the witness. Let the videographer know what format you need and when you need to the video or clips. Also let the court reporter and videographer know if you need the testimony synched to the video clips for use in trial.

As we approach the end of 2014 and get ready to celebrate our 25^th anniversary in 2015 we want to recap some of our accomplishments and reflect on initiatives PohlmanUSA successfully completed in 2014. We also want to share some exciting news that will drive PohlmanUSA allowing us to continue setting ourselves apart as your choice for court reporting & litigation services in 2015. While not all of our 2014 accomplishments were client facing many did influence the day to day process and ease the use of our systems for our clients.

PohlmanUSA has been dedicated for 25 years to listening to our clients. This has allowed us to improve our web tools to better serve our clients in the ever changing area of complex multiparty litigation since 1990. Our extensive customer service and direct client communication has also aided us in customizing features on the MyCase™, MyDocsServe™ and MyRecordsRetrieval™ systems. We hope that each customization provides for increased efficiency and user-friendliness of our online web applications.

Desktop Video Conferencing (DVC) is being offered at more depositions and is utilized by additional clients each week as an effective tool to meet their own client’s expectations of doing more in less time, dealing with increased caseloads, and addressing sensitivity to litigation budgets. DVC combines video streaming, video conferencing, and even electronic exhibits into one powerful package.  Contact us at [email protected] to get signed up, or at [email protected] with questions.

Picture in Picture (PIP) is available for depositions nationwide. Contact us at [email protected] for more information on using this technology in your depositions or witness questioning in trial.

Litigation Services, the internal PohlmanUSA department that takes care of all of your trial support and litigation services needs, including trial playback, video editing, and post-production needs was further developed with additional staff and technology.

MyCase™, our online case management system, released multiple updated features in 2014. All of these updates were as a result of direct feedback from current clients or resulted from PohlmanUSA staff determining there was a better way for our clients to get the information they needed.

MyRecordsRetrieval™ (MRR), our custom records collection, management and online distribution service continued supporting complex multiparty cases in St. Clair, Cook, and Madison Counties in Illinois. In December of 2014 we added all cases filed by Shrader & Associates in Madison County, IL. MRR is a cost-efficient, encrypted, HIPAA compliant, customizable and efficient system for managing records in complex cases. In 2014 we also released updated features to the MRR system to allow for better day to day usage and to provide for ease of billing by our clients. For additional information on whether MRR is beneficial for your case contact PohlmanUSA at [email protected].

MyDocServe™ (MDS), our electronic service and pleading management system, continued providing services in St. Clair and Massac Counties in Illinois. This application provides online docket management and has been designed as a cost-effective electronic document service solution in complex, fast-paced, large litigation cases.

PohlmanUSA has begun development on multiple new web tools to assist in the management and organization of the many moving parts of mass tort litigation in 2015 and beyond.  Also, at the request of counsel working in the fast-paced asbestos docket in Madison County, IL, we look to continue expanding our presence in Edwardsville, IL. With so many noticeable additions to our services one behind the scenes change we made recently was merging Pohlman Court Reporting and Pohlman Document Services as one public entity, Pohlman Court Reporting, aka PohlmanUSA. As we approach the 25^th anniversary of PohlmanUSA the team remains committed to delivering exceptional customer service, 24/7 nationwide, and anticipating our clients’ needs.

We look forward to working with you in 2015 as we proceed with our technological advancements while delivering exceptional customer service no matter when or where you need us. We’re always listening^®.

Thanksgiving is an American holiday celebrated by every member of our country no matter the background. It is a day to reflect upon & be thankful for that year’s successes and challenges while expressing gratitude for what we have individually and collectively. As a day of thanks it also starts the season of giving. Each year on Thanksgiving morning I make a list of all that I am thankful for throughout the year. It always starts with my family and basic necessities then expands to include little things that I take for granted in the fast-pace of my everyday life. This year I asked others in my office what they are thankful for. Just as with my own personal list I received a variety of answers from them. Some of the things they are thankful for are: health, positive change, new friends, mild weather, new family members, exceptional legal associations, a body that has the ability to walk,  doctors, hobbies, the ability to live in a country where they can have their own beliefs, working with dedicated co-workers, new clients, and the simple things in life. No matter how long your list or the extent of what you are thankful for this year take time to be conscious and reflect on all that you have and consider giving some of your time to those who need your help.

• Think before you speak. Court reporters are the impartial party taking the record of everything said while on record at a deposition. If you do not want it recorded DO NOT say it. If you are going to say it make sure you are in agreement to be off the record at the time. 
• Remember: court reporters only take the record, attorneys make the record so if want it clear and concise you need to control it better.
• Speak slowly, clearly and advise (& if necessary remind) your witness to do the same.
• Do not speak on top of each other.
• Do not ask a follow-up question until the original answer is concluded.
• Be concise in your objections.
• If you want something observed to be in the record you must state/ describe what is happening.
• Be clear when going on and off the record.
• When bringing in an exhibit use the exhibit number, name of document and if you have it the bates number.
• Do not, and do not allow your witness, to mumble or use gestures.
•  Be cognizant not to answer with uh huh or huh huh, and prep your client the same.
• If you are reading, slow down and go at normal speaking pace which is usually slower than average reading pace. 
• If you are marking exhibits, allow for a few second pause. The court reporter appreciates the time to mark the exhibits (have you ever tried typing and marking at the same time).
• Provide breaks, even if not a full lunch break. A few minutes every couple of hours is appreciated and allows court reporters to rest those speedy fingers and stretch their legs.
• Respect the reporter and please do not ask them to do anything you know is unethical.
• Let the court reporter do their job. They were hired to be there and have a job to complete. They are proving one part of the service when you hire a court reporting agency, don’t make the day tough on them.