Depositions are question and answer sessions between attorneys and witnesses involved in legal proceedings. Sometimes depositions are videotaped to preserve the testimony of the witness in a lawsuit. While there is still a court reporter present taking down a written record, it is also recorded on videotape. In most cases, a professional legal videographer will manage the recording process.
Absence
There are many reasons to take video depositions. The most common is that the witness will not be available to appear in court for the trial. As a result, the videotape is played for the jury and it is treated as if the individual was testifying live from the witness stand. The person is sworn in at the beginning of testimony, and testifies under oath, just as the other trial witnesses.
In most states, a witness is under subpoena to appear at trial. The only excused absences are when the person cannot be physically present and both attorneys agree, followed by permission from the judge. The judge handling the case has the option to require any witness to be present for the trial.
Substitute
One alternative to an absentee witness is for someone to sit in the witness chair during the trial and read the testimony from transcript prepared by a certified court reporter. This is not as effective, since the jury cannot see the mannerisms of the person and determine how credible the witness is.
First-hand View
While watching a videotape, the jury can see when the witness stammers, evades questions, gets upset or is very calm. This helps to give the full picture to the jurors, the people deciding the outcome of the case.
Sometimes attorneys will take a videotape deposition even though the witness is going to be at the trial. This can only be done if all parties to the case agree. This may be done in order to let expert witnesses see the testimony of the people involved in the case. It may help them to form opinions about the credibility of witnesses or better understand the physical condition of the individual. For example, if someone claims to have a brain injury as a result of a car accident and they do not have any trouble remembering, speaking or understanding the questions asked, an expert may advise the person's attorney that they are not behaving as if they have an injury.
On the other hand, it may make it easier to comprehend the state of someone who cannot answer questions clearly or who may have physical problems.
Regardless of the reason for taking a deposition, they can be useful tools for both parties, even if the tape is not played in court.
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