Using Video in Litigation And Discovery
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Half of Video is Audio
Most attorneys - and surprisingly many video deposition companies - are not aware of the fact that the best video has great audio. Audio quality can be greatly improved by fitting each of the speaking participants with a lapel or gooseneck microphone. Our standard practice is to use additional microphones such as a table microphone to pick up the court reporter's read backs and serve as a general back up to the main microphone. Good microphones, used in conjunction with a quality microphone mixer and headphones to monitor the audio levels, can go a long way toward avoiding unwanted issues.
Note that some caution should be used with this sensitive equipment - even low level whispering can be recorded. Softly cupping a hand over the microphone without touching it, and/or turning the head away from the microphone should prevent unwanted recording, but the safest solution is to go off the record for important or lengthy sensitive conversations.
Another concern is to avoid covering the microphone with hands or arms. Other activities, such as shuffling papers or sipping drinks, can create distracting noises on the videotape.
Ready for trial?
Courtroom Use
If you are planning to use the video in a courtroom, let the video company know in advance of the taping and request a copy of the transcript in ASCI format.
Companies like ours can synchronize the transcript with the related video and provide random access and word search of the entire testimony.
When you are using video in your case, don't wait until trial to look at your tapes. Check the tapes as they come in to make sure you are getting the quality you expect (of course if you use Video Resources you can count on the highest quality available!).
Be familiar with the specific legal codes for videotaping in your case so the court accepts your video record. Some states, such as Pennsylvania, require that all objections be off the video record. In a situation like this, discuss stipulations with opposing counsel to make the deposition smoother. To ensure consistent quality through multiple depositions, work with your video company to develop guidelines to be used throughout the case.