Video depositions can be a vital part of the legal process. They seek to document testimony and video record evidence.
There are many times when video depositions can be extremely helpful, and in some cases, they might also be necessary. This article highlights four such instances.
When a Witness Can't Testify in Person
In cases where a witness may not be available to testify in court, their video deposition can serve as evidence. For example, if the witness is elderly or has medical issues that prevent them from attending court, they can still provide valuable testimony via video deposition.
Lawyers can take advantage of video depositions and obtain witness testimony remotely using video technology. They have to set up a video connection between the witness and the court with a time limit and parameters to collect the necessary testimony.
When a Witness Is Out of the State or Country
A video deposition can still provide useful information in cases where the witness may be out of state or outside the country.
Instead of making arrangements to have the witness physically present in court, the lawyers can video record their deposition and submit it as evidence. Sometimes this can be done remotely, and in other cases, it may require the lawyer to travel to where the witness is located. But the techniques are the same—questions are asked, recorded, and documented.
When a Witness Has a Memorized Statement
In some cases, it might be necessary for a lawyer to question a witness who has a memorized statement. This is because the witness might be unable to remember all the details of their story without it.
Video depositions make documenting the witness's responses easier to ensure accuracy. And since the footage is recorded, the lawyer can review it and make sure that all relevant information is captured. It also helps to ensure that the witness does not modify their statement based on the lawyers' questions.
When There Is a Need to Document a Witness's Reaction or Demeanor
Video depositions can provide important evidence by documenting the witness's demeanor during questioning. The video recording will allow lawyers to analyze their responses and their body language and even detect changes in emotion.
This can be particularly useful if the witness is a party to the case or is affiliated with one of the parties. Lawyers can then clearly demonstrate any discrepancies or inconsistencies in their testimony by referring to the video evidence.
The video evidence can serve as a concrete source of information during cross-examination or when submitting evidence before a jury. The jury can then make an informed decision based on the witness's demeanor, facial expressions, and other non-verbal communication.
Keep in mind that this is not an exhaustive list, but it should give you a good idea of when lawyer video depositions can be useful.