What Attorneys Should Know About Videographers: Part 1: Terminology and Acronyms & Why and How to Videotape a Deposition.
As attorneys walk into their first few depositions they are busy figuring out their own role and usually that of the court reporter. Later down the road when an associate is confronted with a court reporter and videographer for the first time at a deposition it can be intimidating for the witness and for the attorney who needs to be able to explain the videographer’s role and equipment to the witness.
Terminology and Acronyms
VIDEOGRAPHY- the process of capturing moving images onto electronic media.
VIDEOGRAPHER- the camera operator, traditionally associated with the court reporting company.
VIDEO EDITING- the process of manipulating the video images. This process can include cutting segments, re-sequencing shorter video clips for use in trial, and adding other special effects.
VIDEO EDITING SOFTWARE- any of a number of application software used in the post-production video editing phase to manipulate the audio and video from the deposition.
AUDIO MIXER- the process by which multiple recorded sounds are combined into one sound.
LAVALIER MICROPHONE- a small microphone that is attached to the clothing of the deponent and used to capture their voice and transmit it back to the video recording.
BACKDROP- videographers use pop-up systems or other cloth placed behind the deponent to limit distractions in the video recording and to create a seamless look when cutting the video to use in trial.
PICTURE IN PICTURE (PIP) – technology used to view 2 images at the same time through the use of an inset window on the screen. The images can be 2 videos or a video of the deponent and an exhibit.
Why and How to Videotape a Deposition
Video depositions are considered legal documents and need to be taken by a professional videographer for use in trial or another legal setting. Traditionally the videographer at a deposition will be associated with the court reporting agency also working that deposition. As technology continues advancing and videotaped depositions are becoming the standard to many practitioners, attorneys need to be prepared to handle every aspect of a videotaped deposition. That starts with understanding the uses for videotaped depositions and how to get your deposition videotaped. There are many reasons an attorney may want to videotape a deposition. The most common reasons to request this service are: to preserve testimony in case the deponent dies or otherwise is unavailable to testify during a trial; to use as testimony should an expert be available to attend court to testify in person; to impeach a witness if they change their testimony at trial; or to keep a deposition running smoothly and progressing without additional disruption as both attorneys and witnesses tend to have better behavior when a videographer is present recording the deposition.
While only the attorney(s) on a matter can analyze the need for a videographer at the deposition either side can schedule the deposition to be videotaped. The most common way to schedule a videographer for a deposition is by noticing or cross-noticing the deposition to be videotaped when scheduling the court reporter.
