This month, our feature article talks about the advantages of using video depositions at trial – which can transform an ordinary deposition into a compelling piece of testimony. The article also offers ways to conduct and produce video depositions most effectively.
Videographers can be scheduled along with court reporting services in any city nationwide. We’re finding this to be one of the fastest growing areas of our business, and we hope that you continue to take advantage of us in that way.
We value your suggestions and comments about The Discovery Update, and we welcome articles you have written on discovery that would benefit our readers, as well.
Video Depositions Offer Advantages at Trial
By Dick Dahl
St. Louis Daily Record
In May, 2006, Jurors in a federal courthouse in eastern Louisiana were asked to watch and listen as the image of a hospital risk manager appeared on the court’s huge video screen.
It was a key moment in a trial that pitted one hospital against another for providing a glowing job recom-mendation about a doctor known to have drug abuse problems. The significance of the deposition was two-fold. First, the witness testified she was certain the hospital knew the doctor was diverting Demerol for personal use; second the deposition was conducted before Hurricane Katrina caused potential witnesses to scatter across the country.
Although the deposition had been taken two years earlier, the immediacy of the videotaped testimony on the big screen was a turning point in the trial and helped win an $8.2 million verdict in a complex insurance/med-mal case, according to the plaintiff’s attorney, J. Ric Gass.
The court did not squarely hold there was no duty to preserve Internet cache per se; instead, it held that, in this case, the destruction of evidence contained in the temporary cache files was accidental, and was not prejudicial, so no sanctions were appropriate.