Deposition

I address every facet of video recording depositions with the recommended equipment, a strict protocol, the necessary forms, and the proper procedures pursuant to the Federal Rules of Civil Procedures and Federal Rules of Evidence.

When the deponent is very nervous in court and can't think under pressure, a video deposition is a great solution. Studies show she/he will quickly adjust to the presence of a video camera. She/he will be more relaxed in the comfort of a conference room or a studio. This is especially true for a child whose testimony is almost always done by video.

Also, if a witness is important enough to be called live at trial but cannot attend for any number of reasons, the next best choice is a videotaped deposition. The judge and the jury will not have to listen to a substitute playing the part of a witness reading the stenographic transcript with no inflections in the voice. With the video, they are able to hear those inflections and see how the deponent expresses him/herself without appearing in person.

The expert witnesses are ideal candidates for a video deposition because it is a far less expensive way to present their testimony. When you bring an expert in to testify live, it will often costs you days of their billing time plus travel expenses. And, how about your expert witness falling apart on the stand during cross-examination. If this is going to occur, it is better to have it happen during a deposition. At least you can still revise your strategy before trial.

For out of town expert witnesses, I will travel, or you have the possibility to video record them at their location with my network of videographers certified and trained by the American Guild of Court Videographers (AGCV).

Protocol:

While I will be a key member of your litigating team when you contract my services for an ”ADL aka Day-In-The-Life Documentary“ or a “Mediation Documentary aka Settlement Documentary” I will be a disinterested third party during a deposition. Because I am a notary public, I serve as an officer of the Court and I remain totally impartial.

My Notary Commission allows me to swear in the deponent and I will video record her/his testimony.

The Federal Rules of Civil Procedures requires that when I deliver any video of testimony taken under oath, I must deliver it sealed along with my Certificate of Authenticity and the Objection and Colloquy log. When the recording is properly done it is literally unimpeachable.

To be sure the video recording will be admitted, I adhere to The Federal Rules of Civil Procedures and to the Federal Rules of Evidence. Rules 30(b), 28a, 28c, 29, 1001 to 1004 govern in Federal Courts and most of the United States and the District of Columbia.

extracts:

Rule 30(b) (2):

“[...] the method by which the testimony shall be recorded. Unless the court orders otherwise ,it may be recorded by sound, sound-and-visual or stenographic means.”

Rule 30(b) (4):

“The court may upon motion order that the testimony at a deposition be recorded by other than stenographic means, in which event the order shall designate the manner of recording, preserving the filling of the deposition, and may include other provisions to assure that the recorded testimony will be accurate and trustworthy.”

“The deposition of X shall be taken at (location, date and time) before at least one person supplied by the party taking the deposition to operate and monitor the recording equipment during the entire deposition. That person shall be a notary public or shall first be sworn by a judge or clerk of this court or by a notary public to record the deposition fairly and accurately and shall not participate in the actual interrogation process.”

“The video shall run continuously throughout the deposition from beginning to end [...] The video recording shall not otherwise be discontinued during colloquy among counsel.”

Rule 28a:

“Within the United States or within a territory or insular possession subject to the jurisdiction of the United States depositions shall be taken by an officer authorized to administer oaths”

Rule 30(f) (1):

“The officer shall certify that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness. This certificate shall be in writing and accompany the record of the deposition. The officer shall securely seal the deposition in an envelope or package endorsed with the title of the action, and marked “Deposition of (here insert name of witness) and shall promptly file it with the court in which the action is pending or send it to the attorney who shall store it [...]”

Two Cameras:

You can have two cameras filming the depositions. With the option of a “picture-in-picture” with the deposing attorney smaller in the upper corner of the picture and the deponent full frame in the middle.

The other type of two camera shoot is when you want to have the opposing attorney video recorded as well as the deponent. For the purpose of trying to control the opposing attorney and stopping any possibility of signaling.

Sometimes there will be two videographers at a deposition, one hired by the deposing attorney to video the deponent and another video firm hired by the opposing attorney to video the deposing attorney. More likely, if the attorneys are aware of my two camera shoot capabilities, you may just hire me and split the expenses to save money to your clients. Each camera operates independently of the other and the image is recorded separately.

Chain of Evidence:

It is my responsibility to insure the truthfulness, the integrity, and the accuracy of the video recorded evidence I produce whether it is a deposition taken under oath or any other type of video that will be used in a court of law.

You receive the video tapes in sealed printed envelopes with a Content Form, a Certificate of Authenticity, an Objection and Colloquy Log, and a Video Deposition Tape Log.

Along with this Chain of Evidence comes the Chain of Custody. I give you a “Receipt For an Official Video Document” to sign before the release of the sealed and certified unaltered original video recording.

Illegal Signaling:

Signaling is an illegal procedure that can be easily captured on video and revealed in court. I can control this problem for you through the use of proper video techniques:

1.A physical set up of the video session so that the deponent and her/his attorney are neither able to physically contact one another nor be in direct line of sight.

2.Use of an optional two camera shoot with a second camera which is framing the subject’s attorney, being placed and set so that the attorney, their client, their arms, their legs and the tables are all in the frame.

A major advantage of a video recorded session where “signaling” is suspected is that it can later be viewed by an expert who can detect the “signals” which can then be shown to a jury. It will greatly discredit them. A pre-session declaration by you, the attorney who has retained my services, that my video recording will be reviewed for any evidence of “signaling” will usually eliminate this practice during the video session.

Jean Philippe Stuart
Certified Legal Videographer

JPS LEGAL VIDEO

San Francisco Supreme Court

Quality projects, on time and on budget.

Acted mock depositions

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2MN07

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Tel: (310) 869-0715

Fax: (800) 360-3885

jp@jpslegalvideo.com