What if the defense wants to video your deposition? For some, this request is not something they expect or know can be done. Regardless, in some situations a request to video your deposition might be made. When it happens, it is important that you understand not only the deposition, but how the video might be used later in the process.
As with my other video, the information that I am going to provide is general in nature. If you have specific questions regarding your upcoming deposition you want to voice those questions to your attorney.
WHAT IS A DEPOSITION?
Before talking about video, you should first understand what is a deposition. In its simplest terms, a deposition is a question and answer session. One of the goals of a deposition is to help flush out some of the issues for trial. Each side will be represented during the deposition and there will be other professionals in the room. First, there will be a court reporter in the room taking down everything that is said. Secondly, when the deposition is recorded there will be a videographer present to control the camera.
One of the things you want to do in a deposition when you are a witness is to make sure that you understand the question asked before answering. This sounds easy to do but sometimes people forget. Answering a question that you do not understand can present problems because you may have one understanding of the question and it may really mean something else. Therefore, you should take your time before answering and make sure that you understand what is being asked before answering. If you do not understand the way the question is asked you can ask the attorney to rephrase the question in a manner that you understand.
WHAT IF THE DEFENSE WANTS TO VIDEO YOUR DEPOSITION?
One of the reasons that the defense may want to video your deposition is to capture not only what you say during the deposition, but to also get your mannerisms and overall demeanor in front of a fact finder. In certain instances, a deposition might be used at a trial. For example, what if you testify to an important issue in the case a certain way during deposition but during trial you say something entirely different? To point out the inconsistency in the answers for the fact finder, the side asking the questions may ask the court to play your previous deposition with the different answer than at trial. Even though this can be done with a deposition transcript, the impact with video can be more powerful sometimes.
If your deposition will be recorded on video, you should know this beforehand in your Notice of Deposition. Be sure to wear comfortable professional clothes to the deposition if it will be recorded. You want to make sure that if the deposition is used a trial you look presentable.
PREP IS KEY!
Video or not, preparation is key for a deposition. Going through the issues and possible areas of inquiry beforehand will make you feel a lot better before heading into your deposition. As I stated above, talking to your attorney about any possible questions and concerns you may have before the start of your deposition can assist you in being ready for your deposition. So, what if the defense wants to video your deposition…when prepared and relaxed you will do a good job no matter the format!
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
