Whether a witness is credible can be assessed by their demeanor. Credibility is a question for a jury to decide. When a witness is credible, they're reliable and believable.
How Does Legal Videography Benefit a Trial?
Without videography, evidence deposition testimony in a trial is read from the transcript to the jury. It usually involves the trial attorney reading the questions with another attorney or even a secretary reading the answers. The jury doesn't have the opportunity to assess the credibility of the witness because they never get to see their demeanor.
Without videography, there are times when it's obvious that the person reading the answers didn't even review the deposition transcript before standing in the shoes of the witness. They stumble reading the transcript, particularly when trying to pronounce medical, scientific or technological terms. It's a good way to diminish the credibility of an otherwise fine witness on pivotal factual and evidentiary issues.
Capture the Witness with a Video Deposition
A video recorded deposition reveals the face of the witness. It captures the tone of their voice and their body language. It shows respect, disrespect, arrogance or humility. A court reporter's transcript is only printed words on pages. When the attorney is in a case where they know that testimony is going to be video recorded, the witness has to be more aware of their demeanor. They're required to be more conscious of their mannerisms, emotions, delays in responding to questions and voice inflections. Those considerations go to the demeanor of opposing counsel too, and they're just not addressed in a court reporter's transcript.
Deciding Whether to Have a Court Reporter at a Video Deposition
Texas Rule of Civil Procedure 199.1 allows for depositions to be recorded alternatively by non stenographic means that include video recording. Some trial court judges have ruled videotaped deposition testimony inadmissible for want of a court reporter and transcript though. You'll probably want a court reporter there too, so there's a secondary record. You can arrange for both a certified videographer and court reporter through us at Datascope.
Datascope Litigation Services provides legal video to Houston, San Antonio, and Rio Grande Valley offices that include the McAllen, Edinburg and Mission metropolitan area. All of our videographers are certified for recording court proceedings. We work across Texas.
Quality videotaping of depositions can give you an advantage in your highly competitive litigation practice. To learn more about Datascope Litigation Services videography call 888-713-8393.