Video depositions can be invaluable to attorneys as they prepare for trials. Not only do video depositions accurately capture the day’s discovery, the video can also be a useful tool and resource to replay in the courtroom if a witness is unable to appear in person or as a way to impeach a witness if they contradict a previous testimony.
Because video can prove extremely useful to the events following a deposition, it is important to get the recording right. Prepare your witnesses by arming them with some useful tips and guidance on what not to do when the video recorder is in the room.
- Don’t fidget or move around a lot– It’s natural to be nervous during a deposition. Stakes are high and tensions can be felt in the room. Despite nerves, however, it’s important to try to minimize excess movements or facial expressions as they may imply other nonverbal cues to observers watching the video deposition. For example, crossing one’s arms can communicate defensiveness whereas point fingers can communicate aggression.
- Don’t become defensive– It’s the legal team’s job to prepare their witness for the kind of questioning they may encounter. When faced with what can be perceived as attacking questions, it can be easy for a witness to become defensive. The most credible witnesses are able to stay calm and confident in their testimony, and the best way for them to do that is to know the style of questioning they may face.
- Don’t joke– The gravity of depositions need to be respected. Witnesses and legal professionals should not make light of anything related to the case and should remain calm and professional throughout the deposition.
- Don’t spin out of control– Emotions can run high in high-stakes questioning. When in the middle of a deposition it’s important to remain neutral and focused on the questioning. That goes for the witnesses as well as the legal team. Losing control of emotions can be an easy way to lose credibility.
For the best outcome for your next video deposition, keep these tips in mind – even better, give us a call today at 800-939-0093. Our team of videography experts is ready to assist with your next deposition.