What Attorneys Should Know About Videographers: Part 3: Uses for Videotaped Depositions and What happens After the Deposition Concludes:

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.