Legal procedures differ with each individual case, but no practicing attorney can anticipate winning at trial strictly with testimony from mumbling, fidgeting, unprofessional looking witnesses. Jurors utilize nonverbal communication to decide if a subject is credible. As video depositions are used more and more— also increasing the number of nonverbal cues available to jury — it becomes extremely detrimental for attorneys to take the time and prepare individuals before they participate in a video deposition.
A deposition is sworn verbal testimony that is conducted outside the courtroom to assist attorneys from both parties during the discovery process. This testimony traditionally is reported by stenographers instead of cameras. The presentation and body language of the individual giving a deposition are invisible to the jury, and eye contact is a nonfactor.
Just as adisplay by someone on the witness stand can be powerful enough to turn the tides in a case, so can a clips taken from the full video deposition. Likewise, the opposing attorneys can replay an outburst or negative comments from a video deposition in court, endangering your otherwise reliable case.
The going with manage gives tips to effectively preparing a client for a video deposition.