Video is becoming to the trial lawyer what photocopiers are to the business community: a necessary tool. Videotape captures the verbal and non-verbal communication of a witness that speaks volumes. And, the uses of videotapes is growing in proportion to the experience and imagination of its long-time proponents as well as in its acceptance by the courts as a valuable communication tool that often expedites proceedings.
In civil practice, the innovative use of videotape in the courtroom have been dominated by depositions, to view the scene of an incident, to show the plaintiff’s injuries, demonstrations, evidences, re-creations, etc., without ever leaving the courtroom. Some have tried to object to the use of videotape when the notice called for an “oral” deposition. In most cases, though, it will not be the videotape itself that presents an objection or controversy from adverse counsel, but rather its substance. And, these objections have almost, without exception, been overruled by the judges hearing these cases.
Joel Cronin, M.D., J.D. (Romano, Eriksen & Cronin, P.A., West Palm Beach, FL) says: “As more and more of the younger generation become the “older” generation and appear with greater frequency as jurors, they will no longer be content with a presentation that does not hold their attention, either collectively or individually. Even if they could, why would we as lawyers, want to present them with anything in a manner that would not rivet their attention and make them see and hear our side of the story? Therefore, we must be innovative.”
