1. APPEARANCE
The client or witness should:
QUESTIONING
The client or witness should:
BODY LANGUAGE
The client or witness should:
RESPONSE TIPS
The client or witness should:
MISCELLANEOUS
The client or witness should:
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• Dress professionally, but not to the extent that he or
she is uncomfortable
• Wear solid colors (light or pastel, for color balance) with
no bold patterns
• Forego loud ties or flashy jewelry
• Be placed before a neutral backdrop, and in a well-lit
area to avoid facial shadows
• Be aware the video will focus primarily on the face
• Control facial expressions, which can be exaggerated
when presented via video to the jury
• Refrain from rolling his or her eyes
• Practice good posture, sitting up straight and keeping
hands on the table
• Refrain from fidgeting, leaning back in the chair or
crossing his/her arms
• Maintain eye contact with the attorney who is
posing questions
• Appear engaged, interested, relaxed and polite
• Refrain from removing any jacket during the deposition
• Look down at a document if instructed to read one,
then return to looking at the questioning attorney
• Be informed beforehand about anticipated lines
of questioning
• Be made aware of objections that you anticipate raising
• Ask the attorney to rephrase a question that is not
fully understood
• Not volunteer information; answer only what is asked
• Wait for the attorney to completely finish the question
• Answer without long pauses
• Refrain from making up an answer if the answer
is unknown
• Avoid terse, one-word responses
• Briefly explain why a fact can’t be recalled or explained
• Not engage in an argument with the attorney
posing questions
• Not allow the attorney to provoke a display of anger
• Turn off his or her cellphone
• Understand that the opposing attorney could use the
video deposition against you in court
• Know that if he/she is wearing a microphone, any
conversations might be taped and no longer subject to
attorney-client privilege
• Review with his or her attorney any considerations
about objecting to the video deposition
• Discuss with his or her attorney the option of hiring a
certified legal video specialist
With video depositions now common, it’s critical to prepare
your clients and witnesses so that jurors will see them in the
best positive light if clips are played in court. Here are some
critical areas to address, and tips for doing so successfully.
VIDEO DEPOSITION
PREPARATION GUIDE
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