A Basic Guide to Video Court Reporting

As court reporting remains an essential industry, with 21,200 court reporters in the U.S. alone, reporting

methods will likely continue to advance with technology. Video depositions are just one example of how electronic reporting can add additional layers to testimonial delivery. Learn the basics of a legal video deposition with this simple guide.

Why Record a Video Deposition?

In many cases, video depositions serve to potentially impeach a witness in a trial. A witness is impeached when they are caught contradicting themselves in court based on a statement they made previously. By showing the jury a video statement, their contradiction can be proven. Video testimony can also be recorded as a precautionary measure, so if a witness is unable to appear in court for some reason, their words will still be on file.

How Exactly Will The Recording Be Used In Trial?

Following the recording of a video deposition, the video can be edited into segments, so that the judge and jury will only see specific parts of it. If a witness records their testimony in a question and answer format, only certain answers may be shown in a court. Again, for witnesses that cannot be present in trial, their video testimony will be shown in place of their live testimony. In a case that involves many witnesses, a judge could choose to record legal videos rather than live testimonies to save time and space.

Under What Conditions Can A Video Replace A Live Testimony?

If the plaintiff, defendant, and the judge agree, then the video deposition may be shown. It also depends on the state’s law. In most cases, laws require in-person witness testimonies whenever possible. In some states, however, the laws are less strict, allowing a witness to testify via video.

Are There Other Uses for Legal Videography?

For medical malpractice, personal injury, and accident cases, an attorney may want to show a ‘day in the life’ video to the judge and jury. While words could serve a similar purpose, video takes this type of testimonial to the next level by visually showing how the injury or harm has impacted the plaintiff’s life.

If you are interested in using video testimony in your case, be sure to speak with your attorney about the recording process.