Making Your Best Case with Video Synchronization

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21Nov2007

Making Your Best Case with Video Synchronization

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By John Garnett YesVideo, Santa Clara, CA

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Why Video Tape Depositions?

TAKE ADVANTAGE OF DIGITAL VIDEO WITH TRANSCRIPT SYNCHRONIZATION

Nowadays, taking advantage of Digital Video with Transcript Synchronization is the way to go. Each videotape is synchronized with the reporter’s transcript and is captured on a CD. The CD includes software that allows the user to review the video, create clips and export them to presentation programs. Could there be a more efficient way?

No, and here’s why:

Witness Scheduling
Videotaping depositions simplifies witness scheduling logistics. If a key witness cannot attend a trial due to scheduling, logistics, location, family concerns, travel restrictions or illness, a videotaped deposition is the solution.

Communication
An attorney can always read the deposition testimony, but a deposition transcript is often dry, and a simple read-back is a poor stand-in for both seeing and hearing the deponent. Non-verbal communication is significant. Body language, demeanor, confidence or hesitation, vocal inflections, emphasis, and intonations, all provide additional, meaningful communication.

Expert witnesses often project intelligence, confidence, certainty and credulity which otherwise is lost in the written transcript. Select testimony of an expert from afar often carries more weight than having the witness in the courtroom.

Exploit Every Advantage
Attorneys who fail to leverage video testimony may appear ill-prepared, less then knowledgeable, or dated against opposing counsel that uses video to full advantage.

Argument Organization and Flow
Videotaped depositions reduce delays due to witness scheduling and obviate presenting testimony by witness rather than as appropriate to support argument. Presenting selected video testimony segments in argument order improves the logical flow and enhances argument clarity. Attorneys who cause multiple delays due to witness scheduling and present a disorganized, less-than cogent argument lose the jury’s attention and risk alienating the jury.

Effective Evidence
Video taped testimony will hold the attention of a jury longer and seem less tedious than a simple read back from a transcript. These days, people are used to sitting down in front of the TV for long periods. And juries better retain and believe evidence when they both see and hear the testimony – “seeing is believing.”

Mediation
Video testimony need not be reserved for the courtroom. Presenting a few select video clips from an incriminating or even unconvincing deposition during mediation improves the likelihood of settlement and increases the settlement value.

Why Synchronize Your Transcripts?

  1. Maximize deposition video value
  2. Make videos so convenient you’ll want to use it for every case

Value of Synchronization
Video can now be easily synchronized to the transcript allowing instant recall and presentation of video testimony in mediation or the courtroom. Gone are the days of difficult and time-consuming searches through video tapes to locate testimony. The full value of video testimony is lost if you cannot instantly locate and present the video. Should you be surprised by inaccurate representations during mediation or contradictory testimony in court, original video testimony can be instantly recalled to rebut or discredit.

Courtroom Convenience
Synchronization allows a paralegal or attorney to edit their clips as needed during mediation or in the courtroom, without the need and time delays of involving a video expert.

Copyright © 2007 YesLaw. All Rights Reserved.

Author:
John Garnett, Business Manager-YesLaw
YESVIDEO, Santa Clara, CA
jgarnett@yesvideo.com

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