Amplify the Power of Video Depositions at Trial
Litigation attorneys Daniel Small and Josh Roberts authored a Daily Business Review article explaining why lawyers should think of videotaped depositions as key trial evidence, not just routine discovery. Drawing on their extensive trial experience, they advise counsel to treat depositions as if a jury were already watching: Ask precise questions, insist on clear answers and avoid the "rambling mush" that can make seemingly strong testimony unusable later. Mr. Small and Mr. Roberts also outline 10 steps, including notice, counsel involvement and preparation to the oath, admonitions, protection by counsel and post-deposition errata, that help validate the fairness and reliability of the process, enabling jurors to better understand and trust what they see on video when it is played at trial.