3.14 Video

While the most frequent purpose of video is to capture and replay segments of a deposition in trial, there are other uses and places for video.

Deposition video can be a powerful tool in impeachment by showing contradictions of deposition testimony. Even if a deponent doesn't lie, they can still show powerful non-verbal cues such as nervousness, agitation, fear, or smug satisfaction. If a deponent is unlikely to attend trial for whatever reason, video is a great way to get them into the courtroom.

Beyond depositions, video can also be used as to show construction defects, accident scenes, technical details that demonstrate your case. A "day-in-the-life" video can be a powerful way to illustrate the damage of a real-life situation such as workplace injuries.

Trial isn't the only place to use video; it can also be used in settlement hearings, arbitrations, "markman" hearings and any other place where additional persuasive evidence would help.

If the firm requires the use of a videographer, that vendor must provide the right format, lighting equipment and experience, meeting or exceeding firm standards. These are the details that can help guarantee a quality level that the attorneys will want to use.

One purpose of these standards is to make certain that our legal teams and clients have the best quality and formats. Another purpose is so that our legal team can concentrate on the law and not worry about deciding which formats to use. The final purpose is to make certain the legal team only works with the true professionals who have invested the time and money into their trade and art.

A videographer may have certifications in legal video (such as CLVS or CCV) which demonstrate some level of skill and commitment to legal video. But such credentials do not guarantee perfect quality, nor does the absence of such certifications disqualify them as a committed professional.

Format and Video Gear

If at all possible, all firm-commissioned video must be shot in a digital format. With the recent proliferation of consumer, mid-tier and professional cameras on the market, we would like to request the use of only professional-grade cameras. Sony VX2000 or VX1000, Canon GL1 or GL2 or consumer-grade cameras are not acceptable. Any camera which records on DVCam or full size DV tape is clearly capable of capturing very high quality video.

Additional Gear

Do not rely on what is in the room. A professional videographer will bring the necessary lighting equipment and backdrops to make certain the video quality is good. If your videographer does not have such equipment, you may wish to consider using a different company.

Since good audio is critical in a deposition, make sure that the videographer has good microphones on every person whose voice you want on the tape. Any videographer which relies on the microphone on their camera will not create the quality of video that you will need.

A professional videographer may also use backdrops to minimize distractions behind the deponent. Bookshelves or open windows can cause considerable problems with the video.

Label Information

The following information should appear on every label or package:

1.                   Vendor Name

2.                   Vendor Address

3.                   Vendor Phone

4.                   Deponent Name (Last name, First name)

5.                   Dates of appearances (YYYY/MM/DD format)

6.                   Deposition Date (YYYY/MM/DD format)

7.                   Case Name

8.                   Indicate whether synchronized

9.                   Type of "sync" file (.MDB, .CMS, .PTF)

Note: The sync file may only exist on the last CD or DVD in a set - Clarify with your vendor.

Minimum Video Format Specifications

The Firm requires different encoding based upon the purpose of the video.

Deposition Video

MPEG1 video should be encoded with quality compression hardware to fit two hours on each CD. Video must be adequate for use at trial using Sanction II or Trial Director in full-screen mode.

Non Deposition Video

In occasions like a day-in-the-life video or site tours where picture detail and clarity are the overriding factors, MPEG 2 video may be a good option. (Such video is usually authored on a DVD disk; any video which plays in a DVD player is encoded in MPEG2 format.) But keep in mind that editing or synchronizing MPEG2 video is not nearly as simple as MPEG1 video. Nor is it as simple to use in trial presentation programs such as Sanction II or Trial Director.

Delivery Media

1.                   Digital Format (such as CD or DVD) - Preferred

2.                   SVHS – 2nd best

3.                   VHS – Backup media, only acceptable when provided in conjunction with digital media