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Video Deposition Preparation Guide

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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.

Published in: Law
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Video Deposition Preparation Guide

  1. 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: ? • 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 www.litigationservices.com

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