Video depositions have transformed the way legal professionals capture and present testimony, offering a dynamic complement to traditional written transcripts.
These visual records are invaluable in court, allowing judges and juries to hear and see the nuances of a witness's demeanor—capturing everything from subtle hesitations to confident affirmations. Therefore, preparing a witness for a video deposition requires a thoughtful approach that goes beyond the basics of testimony accuracy. It's about ensuring that witnesses present themselves in a manner that supports their credibility and effectively conveys their message.
This blog will share essential tips gleaned from decades of professional videography experience aimed at helping legal teams prepare their clients to deliver clear and compelling testimony in front of the camera. Whether you are a seasoned attorney or new to legal depositions, these insights will help you harness the full potential of video depositions to strengthen your case.
1. The Importance of Non-Verbal Communication
Body language and non-verbal cues play a pivotal role in how a witness’ testimony is perceived, often having as much impact as their spoken words. Adequate witness preparation involves coaching on two key aspects of non-verbal communication: posture and facial expressions.
Posture: A witness’s posture can communicate confidence, openness, and honesty or suggest discomfort, deceit, or defensiveness. For video depositions, where every movement is scrutinized, guiding your witness on how to sit correctly is crucial. Encourage them to:
Sit upright but comfortably in the chair, avoiding stiffness.
Keep both feet flat on the floor to promote balance and stability.
Place hands gently on the table or in their lap to avoid distracting gestures.
Refrain from leaning too far back or slouching, as this can appear disengaged or overly casual.
These adjustments help maintain an appearance of alertness and engagement, projecting credibility through the camera lens.
Facial Expressions: The human face can express a multitude of emotions without a word being spoken, and in a video deposition, the camera captures every subtle expression. Witnesses should be aware of their facial expressions throughout their testimony:
Maintain a neutral yet friendly expression when listening or responding to questions.
Avoid extreme expressions such as frowning, raising eyebrows excessively, or smirking. These can be misinterpreted or seen as disrespectful.
Practice consistent eye contact with the questioner, rather than looking away to the ceiling or down at the table, to convey honesty and confidence.
By managing their non-verbal cues effectively, witnesses can enhance how their testimony is received, making their words more impactful and believable. This is not about crafting a persona so much but amplifying the witness's natural credibility through mindful presence on camera.
2. Verbal Communication Skills
Beyond mastering non-verbal cues, the verbal aspects of a witness's testimony are equally critical. Witnesses need to understand how to convey their thoughts clearly and effectively, especially under the scrutiny of a video deposition.
Clarity and Pace of Speaking: Witnesses should practice speaking clearly and at a moderate pace. This ensures that every word can be easily understood by those present and anyone reviewing the deposition video later. Encourage witnesses to:
Enunciate each word to avoid mumbling, which can obscure important details of the testimony.
Pause slightly between sentences to give the court reporter and listeners time to process the information.
Answering Questions Effectively: Coaching on how to answer questions during a deposition is vital. Witnesses should be instructed to:
Listen carefully to each question before responding, ensuring they understand what is being asked.
Avoid filler words like "uh," "um," or "like," which can detract from their credibility.
Use complete sentences rather than one-word answers to provide clear and complete information.
Explain their reasoning or thought process when relevant, especially if they cannot recall specific details. This helps demonstrate their effort to provide accurate information and clarifies their uncertainty is not due to evasiveness.
These verbal strategies help deliver a more polished and persuasive testimony and keep the witness's responses concise and relevant, preventing potential misinterpretations. By helping a deponent with these verbal communication skills, witnesses can significantly improve how their testimony is perceived, ensuring that their side of the story is heard clearly and effectively.
This training can make a substantial difference in the outcome of legal proceedings, as it enhances the witness's ability to communicate with confidence and precision. In some instances, it can make or break a case.
3. How to Manage Nervous Habits in a Video Deposition
Nervous habits are a common challenge for witnesses during video depositions, where every slight movement can be captured and scrutinized. These habits can detract from the witness's credibility or their testimony. Preparing witnesses to control their nervous behaviors is essential in ensuring their presentation is as polished as possible.
Controlling Fidgeting: It is natural for nerves to manifest in physical ways, but fidgeting can be particularly distracting in a video deposition. To help witnesses manage fidgeting, encourage them to be aware of their body movements and practice stillness. This can be achieved through mock depositions, during which they receive feedback on their physical demeanor.
Suggest techniques such as deep breathing before answering a question to help calm nerves and reduce the urge to fidget.
Remind witnesses to avoid touching their faces, playing with their hair, or tapping their fingers, as these actions can convey uncertainty or deceit.
Handling Props: If not appropriately managed, microphones, glasses, pens, and notepads can become props for nervous energy. Witnesses should be coached on how to handle these items appropriately:
Place the microphone correctly before starting and avoid adjusting it during the deposition unless necessary.
Use pens for note-taking only when needed and keep them on the table at other times to avoid unconscious fiddling.
If glasses are worn, ensure they are clean and positioned correctly before the deposition begins to avoid adjustments mid-testimony.
Properly addressing potential nervous habits improves the visual quality of the deposition and helps witnesses focus better on delivering their testimony. By practicing these controls, witnesses can appear more composed and authoritative, reinforcing the strength of their statements.
4. Dressing for the Camera
How a witness is dressed can significantly impact how their testimony is perceived. Clothing choices for video depositions should be thoughtful, as certain colors and patterns can distract or even distort on camera.
The following guidelines help witnesses dress appropriately and comfortably for their video depositions.
Clothing Choices
Opt for solid colors. Bright whites can glare, and dark blacks can obscure details in lower lighting, so choosing soft, solid colors like pastel blues, greens, or grays is advisable.
Avoid busy patterns such as stripes, herringbones, or checks, which can create a moiré effect—a visual perception that creates a wavy, distorted appearance on camera.
Jewelry and Accessories
Keep jewelry to a minimum. Large, shiny, or noisy jewelry can be distracting and should be avoided. Simple pieces are preferable as they are less likely to catch the light or jangle during movements.
Consider the practicality of accessories. For example, if glasses are needed, ensure they do not reflect too much light or obscure the eyes, which are vital for conveying sincerity and credibility.
Comfort and Appropriateness
Choose clothing that fits well and feels comfortable for extended periods of sitting. Discomfort can lead to fidgeting and adjusting, which can be distracting.
Ensure the attire is courtroom-appropriate, reflecting respect for the proceedings and the seriousness of the occasion. This helps to establish the witness's professionalism and credibility from the first impression.
Guiding witnesses on how to dress for a video deposition affects their comfort and confidence and influences how their testimony is received by everyone, not just opposing counsel. Appropriate attire ensures that the focus remains on the witness's words and expressions rather than their appearance, contributing positively to the impact of their testimony.
5. Optimizing the Physical Setting
The environment where a video deposition takes place can significantly influence the quality of the recording and the effectiveness of the testimony. Attention to detail in setting up the physical space can minimize distractions and enhance the focus on the witness. Here are some key considerations for optimizing the setting of a video deposition.
How to Choose the Right Background and Lighting
Background: Select a neutral, unobtrusive background that will not distract from the witness. A plain wall or a backdrop in a solid, subdued color works best. Avoid backgrounds with artwork, windows, or any decorative items that draw attention away from the witness.
Lighting: Ensure the lighting is evenly distributed to avoid shadows or overly bright spots, which can cause the witness to appear washed out or obscure facial expressions. Use soft, diffused lighting to create a flattering, clear view of the witness’s face.
Minimizing Audio Distractions
Room Selection: Choose a quiet room where interruptions from traffic, construction, or office noise are minimized. The audio captured must be as clear as the video, allowing every word spoken by the witness to be easily understood without background noise.
Microphone Placement: Position the microphone properly to capture clear audio without picking up unnecessary background noise. Ensure the microphone is tested beforehand to adjust settings for optimal sound quality.
Seating and Accessibility for Giving Testimony
Seating: Provide comfortable seating for the witness, as they might be in place for several hours. The chair should support a good posture, be adjustable if possible, and not squeak or make noise when moving.
Accessibility: Ensure that all necessary equipment, such as water, tissues, and notepads, is within easy reach for the witness without cluttering the space. This helps the witness stay focused and reduces the need to leave the frame during the deposition.
Properly setting up the physical environment for a video deposition ensures technical quality and helps the witness remain calm and focused. Controlling these external factors can significantly influence the deposition’s effectiveness, making the witness’s testimony more impactful and credible.
6. Practical Preparations for a Video Deposition
Thorough preparation extends beyond coaching the witness and ensures that all logistical and technical aspects are addressed before the deposition begins. A comprehensive pre-deposition checklist can help streamline the process and avoid last-minute issues that can affect the deposition's quality and flow.
Pre-Deposition Checklist
Technical Equipment Check: Before the deposition, confirm the videographer has thoroughly tested all technical equipment, including cameras, microphones, and internet connectivity (for remote depositions). Ensure that backups are available in case of equipment failure.
Document Accessibility: Prepare all documents, exhibits, and any other materials that might be referenced or needed during the deposition. To avoid disruptions, these should be organized and accessible both physically and digitally.
Witness Briefing: Schedule a final briefing with the witness to review their testimony, discuss any potentially difficult questions they might face, and review nonverbal and verbal communication techniques. This reinforces their preparation and helps reduce anxiety.
7. The Role of Legal Teams During Depositions
Support and Guidance: Throughout the deposition, the legal team should be attentive and ready to assist the witness with any difficulties relating to the questions asked or the deposition process. This includes providing quiet reassurance or strategic breaks during the session.
Monitoring Deposition Flow: Legal professionals should monitor the deposition to ensure that all necessary topics are covered and the witness is not being led into potentially harmful lines of questioning. They should also keep track of time to manage the deposition length effectively.
Post-Deposition Review
Immediate Feedback: Provide immediate feedback to the witness on their performance post-deposition, highlighting strengths and areas for improvement. This can be valuable for witnesses who may need to participate in future depositions.
Review of Recorded Material: Quickly review the recorded video and audio to check for any issues that must be addressed or clarified. Ensure that all materials are securely stored and backed up per legal requirements.
By following these practical steps, legal teams can maximize the effectiveness of a video deposition. Thorough preparation helps ensure that the deposition runs smoothly and significantly contributes to the quality of the testimony, ultimately impacting the outcome of the case.
Contact NAEGELI Deposition & Trial Today
With over four decades of experience, NAEGELI Deposition & Trial is known for its reliable service and experienced professionals. Our video deposition team is well-versed in legal terminology, procedures, and the latest videography technology. Offering services across the nation, we are a top choice for legal professionals who value trust and transparency with their clients.
You can contact our dedicated support team by calling (800) 528-3335, emailing schedule@naegeliusa.com, or using our website’s easy-to-use chat feature. Learn how our #1 court reporting and trial support can enhance your courtroom strategy and provide a competitive advantage.
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