Video Depositions - 8 Tips for Getting the Most Impact Video Depositions - 8 Tips for Getting the Most Impact

Video Depositions – Tips for Getting the Most Impact

Video Depositions

Effective Video Depositions for Winning Litigation

Most lawyers come out of law school with little training and no experience in conducting video depositions. Here are eight quick tips on making the most out of your video depositions:

  1. Take the video deposition in an environment free from distractions. Consider the noise level of the location and use a dark, neutral backdrop.
  2. Prep your witness for his/her video deposition: Body language. Instruct them to stay calm and be careful of nonverbal expressions while giving their testimony. Everything they do affects their credibility!
  3. Prep your witness for his/her video deposition: Physical appearance. Ask your witness to dress as though they are in a courtroom. Recommend that they wear comfortable, but professional clothing. Clothing should be neutral, but solid blacks and whites should be avoided.
  4. Prep your witness for his/her video deposition: Language. Tell your witness to stay within the limits of the question. Answer the question completely without adding any additional information. Too many witnesses ramble on if not instructed to limit their testimony.
  5. Sync your video deposition with the transcript. This will allow you to jump directly to a designated portion of the video deposition. Syncing a video deposition allows for faster, more professional editing and saves time in front of the jury by removing the unwanted portions rather than just muting them. Other advantages: during playback, you have the option of displaying the text of the transcript to the jury and displaying exhibits simultaneously on the screen.
  6. Create short video deposition clips. Keep the mediator’s or arbitrator’s attention by only showing them the key portions of testimony. Consider hiring someone who specializes in trial presentation to edit and/or present these clips.
  7. Use graphics in your video deposition. Plan what trial exhibits you can use and how to use them, including photographs, maps, documents, MRIs, and x-rays.
  8. Experience with video depositions counts. Hire a professional legal videographer who is familiar with videotaping, protocols, video formats, editing and trial presentation software. Most importantly, it will allow you to focus on the deposition, mediation, arbitration or trial! A poorly produced video will distract the audience, cast you in an unprofessional light and defeat its purpose.


  • 101: Deposition Techniques: Get Your Ducks in a Row (Wisconsin Lawyer) by Kara M. Burgos, Esq.; Andrew B. Hebl, Esq. & Eric J. Ryberg, Esq.
    – Tips for Deposing a Lay Witness
    – Tips for Taking a Deposition of an Expert Witness
    – Calm Your Clients’ Jitters About Their Deposition

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