Why videotape a deposition?

One of the most common reasons for video is to impeach a witness if they change up their story from the recording testimony to trial.

Another reason is for the attorney to have a video incase somethings happens to the witness, whether they are too ill to travel or to show up to court or for any reasons.

Video deposition can save time and money. Some courts allow video presentation of a witness even if they are still available to appear in court.

Video Deposition is also a great way to share the testimony information with the other legal team members for preparation of the hearing, incase they could not attend the deposition.

Another reason to have a deposition video is to have a meeting in a calm environment between attorneys and litigants. People are on better behavior in front of a camera and in a private room with just one on one conversation.

Can a witness refuse to be video recorded in their deposition?

Just a simple opinion of not wanting to be video recorded has not been a good reason. Video deposition has always been the right of any party to a lawsuit for many years.

However, it is a good practice for the opponent to include the intent to video record in their notice to depose you otherwise when the videographer appears in the deposition video meeting, you have every right to refuse to be recorded.

Who hires the deposition videographer?

The attorney who is the party to the case hires the videographer and the court reporter.

How is deposition video used in trial?

Deposition videos are presented in court incase the witness isn’t available to attend the hearing.

Another reason may be because of a big number of witnesses. The court may simply ask for a video testimony instead of crowding the court.

Are deposition videographers certified by state or federal government?

No. Some deposition videographers might advertise as being certified by some organization but this is just acquired and bought by finishing a small training and tests. This is not associated with any government organization and has no legal status at all.