Monday, December 3, 2012

Why Are Video Depositions Used by Law Firms?


An individual cannot always provide their testimony in a traditional court setting due to various reasons. Video depositions are a recorded oral testimony that is transposed to written transcripts for later use by the court or as part of the discovery process. The recording is carried out by the lawyers with the help of a professional reporter, and the process does not include the judge. Depositions are frequently performed pre-trial; however, they can be completed during the proceedings when certain circumstances such as illness prevent the individual from appearing. They are used before trial as part of the preparation portion to gain the necessary information for the actual proceedings. A subpoena is given to anyone who is not directly involved with the lawsuit, whereas the lawyer is notified of this need for individuals who are part of the legal action being considered. Video equipment is set up in a conference setting to record the given testimony and the reporter creates a written transcript with a stenography device to further document the event.

How are Depositions Taken for Civil Court Proceedings?

Depositions are considered the same as an in-trial testament since any party involved can be present to ask questions. The same oath is given by the reporter, just as a witness would provide when testifying in front of the judge. The reporter then uses a stenograph to transform the spoken word into a written transcript. Video recording is completed at the same time to supply additional information accuracy for review by counsel or the court. The requesting attorney performs a direct examination where the witness must answer every item verbally. A cross-examination by the opposing counsel can be performed after direct questioning is over. This process often occurs many times before the testimony is finished and objections are allowed throughout the process. Involved parties can object to how a question has been asked or assert a privilege. Any other objection is not allowed unless the information is being delivered in an actual court setting.

Video depositions serve two main purposes: to gather information before a trial begins and as a preservation method for a needed testimony. Common uses include questioning police officers who first arrived at the scene of a crime or for witnesses who cannot make the specified date. The questioned witness will tell what they saw before the event, during the event, or after the event took place and then answer anything necessary to clarify the provided statement. A videotaped testament is used to put together a case or as evidence to be reviewed in a trial. The recording is stored by the reporter or put away in an evidence room and is only accessible by both sets of counsel before or for the duration of the proceedings. Video offers a little more insight to the witness testament since they allow those reviewing the event to see individual demeanor while answering. Law firms use this process to acquire certain knowledge necessary to put together a stronger case. Depositions are required by the court in some cases, depending on the importance of a witness. Service providers offer full production facilities to companies or law firms when this form of testament is necessary.

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