Video depositions conducted via Zoom are a relatively new tool for some attorneys, but many are discovering how useful they can be. They can be used for a variety of purposes, including trial preparation, sharing testimony with clients, and making an impact on the jury at trial. If you are considering using a videographer for a deposition, it is important to be familiar with the Code of Civil Procedure in California.
Tip No. 1 – Expert and Doctor Witnesses.
It is important to inform the court reporting firm/videographer if the witness or deponent will be giving expert or medical testimony. Not all videographers are notaries, so it is important to verify this in advance to avoid any issues later on when opposing counsel may try to block the use of the video in court. You can refer to CCP 2025.340(c) for guidance on this matter.
Here at depo.ai all our videographers are notarized in the state of California.
Tip No. 2 – What you see is what you get.
In a video deposition, it is important to ensure that the witness is centered in the camera view in order to capture their full testimony and body language. This can help to provide a clear and accurate record of the proceedings for later review or use in court.
One benefit of using Zoom for video depositions is that you can review the final recording immediately, whereas in in-person depositions you cannot review the recording until later. You should take control and ask the witness to remain centered in the screen thus keeping the deposition flowing smoothly. In contrast, if the videographer has to interrupt the proceedings to ask the witness to center themselves, it can disrupt the flow of the testimony.
Tip No. 3 – Don't forget the exhibit up!
There are several ways to share exhibits in a Zoom video deposition. One option is to email the exhibit to the witness, who can then open it on their own device. Another option is to use the chat feature to share the exhibit. Alternatively, you can use the "share document" feature to display the exhibit on your screen. Ultimately, the method you choose is up to you. However, if you do use the "share document" feature, make sure to remember to "stop share" when you are finished, as failing to do so will result in the video primarily showing the shared exhibits rather than a full view of the witness.
Tip No. 4 – Take control of "going off" the record.
Zoom video depositions can be a useful tool, but it is important to be aware of the potential for audio lag. Unlike in-person depositions, going off the record may take longer than expected, which can create confusion and disrupt the flow of the proceedings. To avoid this issue, it is important to make sure to go off the record before discussing any matters that do not need to be recorded.
Tip No. 5 – If at all possible, make sure the witness uses a laptop to join the deposition.
When videotaping a deposition for use in court, it is important to ensure that the video quality is high. Unfortunately, some witnesses may join the deposition using their smartphones, which can lead to poor video quality. Smartphones are often held in portrait mode rather than landscape mode, which is preferred for video recording. Additionally, smartphones are not stable when placed on tables, so witnesses may tend to hold them, causing shaking and poor stability in the video. To ensure that the video is of high quality, it is important to request that the witness's attorney provide and test a laptop prior to the deposition.
If a witness only has a smartphone available to participate in a video deposition, it is important to ask them to place the phone in landscape mode on a stable surface. It is also essential to ensure that the phone is fully charged or plugged in, as most phones will drain their batteries within a few hours of a Zoom call. If the phone's battery dies during the deposition, it could take a significant amount of time to get the proceedings back on track, potentially causing delays and disruption.
In Conclusion.
In conclusion, Zoom video depositions can be an effective tool for recording testimony. In some cases, the video quality may be comparable to that of an in-person deposition, depending on the quality of the witness's laptop and internet connection. It is important to consider these factors in order to ensure that the video is of high quality and can be used effectively in court or other legal proceedings.
At depo.ai, we have a wealth of experience and have successfully navigated a wide range of scenarios over the course of 22 years. Our team has the expertise and knowledge to handle a variety of challenges and provide successful results.
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