DEPOSITION TRANSCRIPT SERIES / PART THREE OF THREE

Here’s how to create compelling video depositions and use them effectively as you build and present your case.

In Part 1 of this series, we discussed how you and your team can benefit greatly from having a single, trusted repository to house and manage multiple transcripts involved in a matter. In Part 2, we demonstrated how assigning designations to your transcripts can give you the power to quickly locate important information in a matter of seconds. In Part 3, we’ll build on all the guidance we’ve provided so far, enabling you to take full advantage of the video that’s linked with your text transcript.

The Persuasive Power of Video

Why is video such a powerful medium for pairing with text transcripts? The primary reason is simply because we have become a visual society. From the early days of TV to the memes of TikTok, video has become mainstream, accepted, and even expected. We can certainly function without video, but the addition of a visual component is much more compelling and effective. And with the effect of the pandemic, we’ve all begrudgingly acquiesced to interactions via Brady Bunch style video panels on platforms like Zoom.

Sometimes conducting and recording depositions as videos is a necessity when a witness is in a hospital they can’t leave, or the parties just want to avoid travel expenses. The good news is that it’s easier than ever to record depositions and other proceedings in person or remotely. And fortunately, most modern-day courtrooms have the capability to show video in some form or fashion. Some courts offer better equipment than others, and sometimes parties must bring in their own equipment. But the logistics of using video is definitely easier than it has been in the past.

Showing a video is always more impactful, and showing a video of a witness answering a question is even more powerful. Seeing is believing, and video can show so much more about a witness by displaying their general demeanor, body language, vocal cues, hesitations, confusion, and more. There are so many visual cues and clues that come across in video that are not illuminated in a text transcript. Reading a text transcript doesn’t record when a witness avoids eye contact, or fidgets while answering a question, or gestures to an exhibit. A video can say and show so much more.

How to Request a Video Recording for a Deposition

Acquiring video for a deposition is not difficult, but it does require some pre-planning. When you retain a court reporter, you can ask if their company also offers professional videographers as an add-on service. If they don’t, you can retain another outfit and make sure the videographer and court reporter are able to connect and sync up before the deposition.

It’s certainly possible to DIY the video recording, although it’s not usually recommended, simply because you have so many other tasks you’re juggling during a deposition. Some lawyers are comfortable setting up and overseeing the technology involved, which typically includes attaching a camera to a tripod, using external microphones for each individual, and just letting the recording roll. It’s a good idea to clear all of this with opposing counsel before the deposition date.

Do not cheap-out on hiring a videographer, and don’t settle for inexpensive videography equipment – if you’re going to all the trouble of recording a deposition on video, you want it to look good. Perhaps even more importantly, you want it to sound good, since the official text transcript from the court reporter is a record of the spoken word. Make sure the videographer can supply professional-grade microphones and setups, whether that means lavalier microphones for each individual, a table-top microphone, or a combination of both. You want to ensure you are recording the highest quality audio possible.

Linking and Syncing Your Video and Text Transcript

The next task is to link or “sync” the video recording with the text transcript. If the court reporter and videographer come from the same company, they should be able to offer this service. If not, the videographer should be able to offer it themselves or suggest other companies to contact. If you want to try it on your own, there are online tools and desktop software that can do this for a small cost. Regardless of how you sync the video and text together, it’s a vital step to creating designations with accompanying video. You should end up with 1) the text transcript (a TXT file), 2) the video file (MPG, MOV, MP4, etc.), and 3) a sync file that’s usually a CMS or XML file.

Once you have all the necessary files, the first step for loading video transcripts into a transcript software like Nextpoint is to upload the text transcript (TXT file) as covered in Part 1. Once the transcript is loaded, you can upload the sync file and video file. Once the video finishes processing, you’ll be able to stitch the video and transcript together, which will complete the process. Now, you can return to the transcript and see the video on the right. You play the video and follow along in the text transcript.

Creating Designations and Exporting Video Clips

As you go through the transcript and play the video, you can select lines in the text and create designations, as we outlined in Part 2. When a video is synced with the transcript, some software platforms like Nextpoint will automatically create a video clip of the designation… No extra work required! You can easily rewatch and edit your designation clips and export them to share with other parties or use in your trial presentation.

Lights, Camera, and Trial Presentation

What good is a video if you can’t present it effectively? Yes, you can watch the video while you read through the text of a transcript, but that’s a small video player meant for internal consumption. When you’re ready to show the video to an audience in a courtroom, you want it large and focused.

Other trial presentation platforms like OnCue offer similar features. The key is to choose a software specifically designed for sharing deposition clips at trial. Other types of media players can get the job done, but dedicated software can ensure your presentation flows seamlessly without any hiccups. And when you’re finally at trial, a seamless presentation is essential.