Tips For Litigation And Discovery
Location, Location, Location
The setting you choose is a crucial factor in producing any video. There is little worse than having your deponent giggled at because he appears to be wearing a potted plant on his head. Choose a neutral setting: avoid distracting art, wallpaper or other objects behind the deponent. On the other extreme, placing a deponent dressed in white in front of white wall won't make a very compelling image either. Whenever possible, choose a spacious room to accommodate the video equipment and provide ample space for both the videographer and reporter. Make sure the room will be relatively quiet during the time of the deposition. Avoid icemakers, busy photocopy machines, or noisy air conditioners. Make the room available to the videographer approximately one hour before the start of the deposition to allow time to set up and test the video equipment. It's also a good idea to meet the videographer before the event to resolve any last-minute technical issues.
Seating Arrangements
The preferred arrangement is to seat the witness at one end of a table, with the camera opposite. Other participants should sit at least one or two chairs away from the deponent. This will avoid annoying severe profile views of the witness if they repeatedly turn to face off-camera participants.
Always advise the video production company of any special exhibits that will need to be included on the video along with the witness gestures, such as x-rays, scale models or diagrams. Some exhibits may require a different camera setup or additional equipment such as an easel or light table. Many times, special lighting or camera work can be used to greatly increase the legibility of these items on videotape. Our video syncing process can also include references to and images of exhibits, which helps streamline the discovery and litigation process.
Lights, Camera, Action!
Supplemental lighting is not generally required with today's professional cameras. A skilled camera operator will position the witness and camera to take advantage of existing lighting. Choosing a neutral, plain background (and never a window!) or requesting the operator provide one is ideal.