Technology is changing the way attorneys build their cases, and video is just one tool that they are embracing more frequently than ever. Not only can video make it easier to do a legal deposition in San Jose when your witness lives out of the area, but video can also create an easy-to-review record for you and engaging delivery of deposition information in court. If you want to use legal videos to build your case, start by hiring a court reporter with experience in legal videos, and use these tips to make video a helpful tool in your case.
Prepare Before Filming
No matter how experienced you are in depositions, conducting a video deposition is different. For video deposition being recorded as part of a videoconferencing session with out-of-town witnesses, you will need to become accustomed to questioning people while looking directly into a camera or computer screen and adjust to hearing their answers without reading their in-person body language. If you are filming an in-person deposition, you will need to practice with the camera so that it is not a distraction and determine the best places to stand so that everyone can be seen and heard. Your court reporter can be an invaluable information resource and help you prepare for an effective video.
Get Agreement in Advance
Because witnesses in legal videos can’t be cross-examined, presenting depositions in court can sometimes lead to objections. Save time in the courtroom by securing agreements from all parties that video depositions can be used in lieu of testimony for certain witnesses. With this agreement in place, you can move into your video in court without fighting back against surprise objections.
Use Video Sparingly
During case preparation, reviewing video can be useful, but when you are building a case for a jury, use your video sparingly so that you it has the maximum effect. Use transcripts prepared by court reporters to present mundane information, and only use short, pointed video clips for impeachment and other significant facts.
Good legal writing is the cornerstone of good case work, from depositions to motions. Watch this video for legal writing tips you can apply to your depositions in San Jose and other written legal arguments.
The key to good legal writing is keeping your language tight and making your points as simply as possible. This advice holds true when you are preparing for depositions. Short, clear questions will let your court reporter provide the best possible deposition services for your and will make it easier for witnesses to give answers. For video deposition services, tight legal writing can be especially helpful in easing communication difficulties that can sometimes occur with video conference-style deposition formats.
As you coordinate deposition services near San Jose for your cases, you may encounter witnesses who are not eager to participate in a legal deposition or video deposition. While they may have factual information relevant to your case, they may be suspicious of the legal deposition process or are unsure of how their video deposition testimony will be used. Here are some tips for dealing with a reluctant witness during a court deposition.
Provide the Witness with a Basic Outline of the Case
Before the legal deposition begins, you should provide the witness with the basic outline of the case. This outline should not include specific details regarding allegations or charges, or information about what information the witness may have or is expected to discuss during the deposition. You should only provide the witness with a very general idea of what offenses are being investigated and the basic charges included in the court case.
Do Not Apply Pressure
You should never pressure a reluctant witness, as that may make the witness even less likely to cooperate. Instead, you should explain to the witness what his or her role is during the deposition. If the witness has been served with a subpoena for testimony, you can explain the legal consequences of ignoring the subpoena or not providing legal deposition testimony. You can also ask the witness what his or her concerns are regarding the deposition and providing testimony. Depending upon the information that the witness may have, he or she may be afraid of defendant retribution, unclear about the deposition process and purpose, or concerned about his or her name being a part of the court transcription.
Explain the Deposition Process and its Purpose
The witness may just want to know more about the deposition process, and the purpose of providing testimony at a legal deposition. You can explain to him or her the basic procedure for taking a legal deposition, court deposition, or video deposition. You can also explain what the deposition testimony will be used for, and who will see it or have access to it.
If you need to take a legal deposition of a witness who doesn’t speak English very well, or at all, you should ask your court reporter about their interpreting services near San Jose . A legal deposition or video deposition will not be very effective if you cannot communicate clearly and effectively with your witness. Your court reporting agency should be able to coordinate and schedule interpreter services for your legal deposition.
Utilizing interpreting services will put your witness at ease, and make the legal deposition process much easier for him. Interpreting services are also available for in-person court depositions of witnesses. The interpreter’s purpose at a legal deposition, court deposition, or video deposition is to translate the foreign language into English and translate English into the foreign language exactly as it is spoken, with no elaboration or explanation.
It is crucial that you secure non-biased, professional, and accurate interpreting services for your depositions. If you are in search of interpreting services, you should hire a federally certified interpreter if the language to be translated is Spanish, Haitian Creole, or Navajo. The interpreting services should be provided in the same regional dialect of the witness.
At a legal deposition in San Jose , the attorney for each party in the case can question the witness. This sometimes results in the opposing party’s attorney badgering or bullying a witness during the deposition process. You can protect your witnesses by ensuring that the adverse party’s bullying tactics do not taint his or her legal deposition testimony.
Watch this video to learn more about how to prevent bullying during a legal deposition. You will learn about the most common tactics that attorneys use to confuse or intimidate witnesses during legal depositions, court depositions, and video depositions. You will also learn five effective ways for dealing with bullying from attorneys.
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