Taking and certification of depositions - Generally. DEPOSITIONS AND PERPETUATION OF TESTIMONY. Juries expect the pace to be fast and look forward to it, thanks to both television and technology.ARTICLE 4. Turn off ringtones on all devices and do not respond to phone calls or text/e-mail messages during the deposition as this may interfere with the audio recording.įinally, be prepared to move through the testimony at the same pace you would at trial. Have your power cord(s) with you and preferably plugged in for your electronic device(s) to ensure connectivity. Vercher wrote in Law Trends & News, “Carefully anticipate and prepare your objections prior to the deposition” since “the tone of your voice and the way you present your objections will be carefully scrutinized by the jury if shown at trial.” Test all audio and video connections, local and remote, prior to going on the video record to avoid delays and to ensure a clean video record.Īs Michael A. Test Video/Audio Before Going on Record.If the deposition will be conducted for de bene esse purposes, work with the electronic trial consultant in advance to be sure that documents that will be digitally referenced and drawn upon during the deposition come across clearly on camera and can be saved electronically. Provide in advance to all parties digital and/or hard copies of all materials that will be referenced on the record to eliminate the need for going off the record to photocopy, scan and/or e-mail documentation.Īsk the court reporter to pre-mark anticipated exhibits before going on the record. If the witness is not comfortable in business attire, be sure he/she dresses appropriately to be appealing on camera. These patterns can sometimes be a distraction on camera. Wear solid pastel colors and avoid bright colors or designs that include polka dots, plaids, and stripes. This will allow them to reach out and test the connection in order to avoid delays going on record.įor a realtime feed of the transcript locally or remotely, arrive at least 30 minutes before the scheduled start time to ensure you are connected and receiving the realtime feed before the proceedings begin. Give Contact Info for Remote Attendanceįor remote attendance, let the court reporting agency know the name and e-mail address of the attendee so they can receive login credentials well in advance of the proceeding.It can be very helpful for a witness to see what they look like on camera and can give them better understanding and preparation for what the actual deposition will be like. Witnesses who appear disorganized and unable to respond without long pauses while trying to locate material quickly lose both the judge’s and jury’s attention, as well as their confidence in the witness’s testimony.Ĭonsider conducting mock depositions with your witness to help coach them on facial expressions, insecure body language, poor verbal responses, and to help them prepare for potential questions opposing counsel may ask. Case management software is excellent for this purpose and enables document acquisition with just a click of the mouse. Organize both your materials and the witness’s materials. Check your state rules to see if you must include the reason for noting the videotaped deposition and whether it must “replicate presentation of evidence at trial.” Note in the deposition notice that the testimony will be videotaped, whether it will be for de bene esse purposes and/or whether remote attendance is available. Include “Videotaped” in your Notice of Deposition.The Planet Depos Trial Services Consultants have created a list of important tips for you when you prepare for videotaped depositions:
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