Due to the limited resources and odds they frequently face, lawyers need every advantage they can obtain while defending clients against strong corporations. In order to prevent influencing the jury’s decision, it is imperative to keep an eye out for witnesses and clients.
Lawyers must be mindful of how video depositions impact how the jury perceives their witnesses and clients. Written statements were originally recorded by stenographers. In contrast, the filmed deposition includes the subject’s voice and image. Any nonverbal cue, such as physiology and body language, has the ability to confirm or deny a claim. The subject’s performance during a video deposition may significantly influence the jury because jurors will be able to witness any expression or seeming lack of emotion. If required, even the opposing attorney may be made aware of a client’s or witness’ nonverbal indications.
A client or witness should put in the same amount of effort and preparation into being ready for a video deposition as they would for a live one. The acts of a witness and a client during the videotaped deposition may be equally weighted by the jury as their testimony.
The subject should be photographed against a plain background and should be clothed professionally to prevent the subject’s look from unduly influencing the jury. Additionally, the student needs to learn how to stand up straight and stop slouching, fidgeting, or frowning too much. Students should learn how to explain their questions when they are unsure of the answer.
Video depositions have altered how testimony is presented to jurors, but they have not altered how testimony affects a jury’s decision-making. As vital as witness preparation for the witness stand is client and witness preparation for video depositions. The following details can help attorneys comprehend how to help their witnesses and clients give the best possible video testimony.
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