Frequently Asked Questions
Q: Why should I consider using video for a deposition?
A: There are several good reasons for using video on a deposition. Witnesses tend to be more truthful when being videotaped versus only having a court reporter taking down testimony. Body Language and facial expressions can be important in determining if a witness is telling the truth or not. Cost can be a big determining factor when deciding to videotape a doctor or expert witness especially when it would be cost prohibitive to have a doctor or expert witness spend several days in a courtroom during a trial.
Q: Can I use video in the courtroom?
A: Yes, Video is becoming more and more widely used in courtrooms and other legal venues. Video has many advantages over the written word and can be a big determining factor in the decisions on cases.
Q: Can I use video instead of a court reporter?
A: Yes, you can use video without a court reporter for depositions and other legal matters, however it is not recommended. If you intend to videotape a doctor or an expert witness for possible use at trial, The Code says that you need to have a notarized court reporter to take down the testimony in addition to the video.
Q: How do I use a videotape deposition at trial?
A: The first step in using videotape for trial is to have the objections ruled on by the judge. Then a list is compiled with the objections that need to be removed from the videotape. The final step is to edit the video leaving out the questions and answers that the judge rules are not allowable. The edited video is used at trial and the original tapes are typically supplied to the court as well.
Q: What is the difference between linear and non-linear?
A: Linear or conventional editing involves using two or more tape decks using one as the “source” and one as the “editing” deck.
As one tape is played the other records certain portions of the original tape. Non-linear involves importing the video into a digital format on a computer system and then cutting and pasting the video as required. The advantages of this method are that there is virtually no loss of picture and sound quality and that it is much easier to make changes because you don’t have to start all over. There is also the advantage that once the finished or “edited” version is on the computer system, it can be easily transferred to CD RIOM or DVD.
Q: What is the difference between digital and analog?
A: Basically the difference is that analog is a video and audio signal that is not digitized and digital is a signal that is digitized. Analog formats include VHS, SVHS Beta and Hi-8. Digital formats include DV, Mini DV DVC Pro etc.
Q: What format should I use for the courtroom?
A: If you are using Trial Presentation Software then you will most likely want to use Mpeg-1. if you are only going to show video you may want to use DVD VIDEO or VHS
Q: What does synchronized transcript mean?
A: Video synchronization means that the text of the deposition is synchronized with the video. When a court reporter takes down a deposition, they will typically time stamp the deposition transcript with the time that is shown on the videotape.
You can show the entire deposition text line by line on a video monitor along with the video.
Q: what happens to the original tapes?
A: The original tapes are stored for up to seven years to preserve authenticity.
