Page 34 - FDCC Deposition Drills

Deposition Drills How to Teach Deposition Skills
Using Videos
It doesn’t happen often, but sometimes you’ll question a deponent about a video – a surveillance video, a surgical video, etc. – and a number of logistics are involved. Where do you play the video? How do you play the video? How do you capture the witness answering questions about the video? Howdoyoumaintainanelementofsurpriseaboutthequestionsyou’reaskingaboutthe video? This exercise focuses on the logistics of using a video in a deposition.
EXPLANATION
Participants learn to use videos to examine deponents.
EXERCISE
Find a video used in a deposition or simply download a video online that you could use for this exercise. Explain the logistics of using a video: (1) equipment needed to play the video; (2) positioning of witness so both the witness and video can be seen simultaneously; (3)
the logistics of recording the deposition to have the video reflect the witness, the video she is watching, and her interacting and responding to the video; (4) and how to question a witness about a video so it is clear on the record (stopping video, magnifying video, marking video, etc.). After you explain the how to of using a video in a deposition, have participants question you about the video, in which they secure facts and admissions in a manner that is effectively captured and recorded on video and visually memorable.
LESSONS LEARNED
This exercise teaches the technical aspects of using a video in a deposition, questioning
a witness about it, and doing it in such a way to capture the interchange in an effective manner during a video deposition. Effectively using a video during deposition, especially if you plan on freeze framing the video, increasing the size of screen shots, marking screen shots, etc., takes practice to gain familiarity and ease of use with the technology.
A FEW QUESTIONS TO DISCUSS
How do you frame the deponent and video she is watching to make it most effective on the video deposition recording the proceedings?
How do you lay the foundation for the video?
How do you address a witness who is purposely misconstruing what is on the video?
How do you lead a witness through a video to ensure it is interesting, entertaining for the jury and gets your point across?
What Technology is the best to use and why?
SECTION 03 USING EXHIBITS
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