A video deposition captures the witness's appearance and demeanor alongside the transcript. The noticing party must state the recording method in the notice, and a certified videographer typically records and certifies the recording.
Video excerpts are played at trial through designations, with objections resolved in advance and objectionable portions edited out.
Alternative Names:
Videotaped Deposition, Video-Recorded Deposition
Why it Matters?
Video is substantially more persuasive than a read transcript, which matters most for adverse witnesses and for testimony that will be presented because a witness is unavailable. It also changes preparation, since evasiveness, long pauses, and demeanor become visible to the jury. Defense witnesses should be prepared with the camera in mind, and the deposition environment should be controlled accordingly.
Frequently Confused with
Related terms
Frequently asked questions
Does the other side have to agree to video recording?
How is video used at trial?
