FAQ's
| Q. | Why videotape depositions? |
| A. | Video saves time and money! With the cost of litigation, time is money! With video, you can present your expert’s testimony at your disposal. A video can bring a case to the forefront of the insurance adjuster’s mind and cause a favorable decision sooner, which enables your firm to move on to another case. Video engages the jury because it is much more interesting to meet the witness than hear a bland reading of the transcript. |
| Q. | Is video only needed for evidence depositions? |
| A. | No. According to the new federal rules of civil procedure when a video deposition is made, it is part of the E- Discovery (Electronic Discovery). Electronic courtroom presentations, using trial software, now enable you to quickly find any testimony made on video in the case. You now bring up a clip on the big screen, and the jury sees before their eyes, the witness on the stand contradicting his previous video testimony. In federal cases, using video during the discovery phase helps settle cases sooner. |
| Q. | Can you assist in electronic courtroom presentation? |
| A. | Yes. We provide in-house services such as video/text synchronization, document/exhibit scanning and imaging and complete trial support. |
| Q. | Is it important that a legal video specialist videotapes your depositions? |
| A. | Using a legal video company whose videographers are certified with accredited associations like the AGCV or NCRA is critical. Our videographers are trained according to the Federal Rules of Civil Procedure and the Federal Rules of evidence which govern the videotaping of depositions. ELV performs video depositions in accordance with the standards of the National Court Reporters Association |
| Q. | How are the questions and responses able to be clearly heard on the video? |
| A. | Every participant is microphoned separately so the jury will hear each one. Microphoning each person separately allows individual audio level adjustment for superior sound quality. Using lavaliere microphones not only assures pristine audio, this practice is also in accordance with the clear standards of the NCRA. Great quality audio distinguishes the work of real legal video specialists work from the work of part-timers and/or wedding videographers. If the video technician videotaping your deposition is onlya video technician, and not also an audio technician, he/she is not a legal video specialist and the video deposition may risk standing up in court. |
| Q. | Do you need a spotlight to produce a video deposition? |
| A. | Our cameras have low light capability. This allows most depositions to be videotaped with existing lighting. |
| Q. | How important is digital video? |
| A. | 3-chip digital cameras are the industry standard for producing any legal video. A digital video camera also gives the most vibrant picture quality for the jury to see. |
| Q. | Is having a legal video specialist videotape a deposition expensive? |
| A. | No. When comparing the costs of bringing a professional or an expert into the courtroom, video is extremely affordable and cost effective. With ELV, the price of the videotaping includes the video. |
| Q. | Can you edit the video for trial? |
| A. | Yes. If your case goes to trial, we will edit the video after we have received the “written-up” transcript with the judge’s rulings. ELV are experts in editing video evidence and delivering it to our clients expeditiously. |
| Q. | Can you edit a video(s) which was videotaped by another company or individual? |
| A. | Yes. No matter what tape format you have your depositions in, you supply us the videotape(s) you have and we will edit them to produce a great picture for the jury to view. |
| Q. | Will I appear in the video screen? |
| A. | No attorney or court reporter will appear in the video. Only an “anchor newsman” framed “shot” of the deponent will appear. Our cameras are able to zoom in on X-rays, models and exhibits for the jury to see up close. |
| Q. | How different is conducting a video deposition from conducting a regular deposition? |
| A. | The only differences are the way the room is set up for optimum video and sound quality. There is also a general awareness that the deposition is being videotaped. Once the deposition is underway the deposition proceeds as usual. The room and equipment are all set up before everyone arrives, so the deposition is ready to start on time. |
| Q. | Does the videotaping of a deposition replace the court reporter? |
| A. | No, there will always be a need a for a stenographic court reporter and a transcript of the deposition. |
| Q. | Does it matter what is directly behind the witness during the videotaping? |
| A. | Yes. Certain items which are in view directly behind the witness may put him/her in a more or less favorable light. The use of a neutral backdrop, placed directly behind the witness, is critical so that a “built-in” bias is not created by those items, which may have an impact on the jury’s opinion of the witness. |
| Q. | When do I receive the video of the deposition? |
| A. | With ELV, you can request to receive the video onsite, right after the deposition, on DVD or VHS. We also provide videos in formats which meet attorneys needs, like MPEG-1 conversions, video/synch to text (on CD or DVD), DVD (MPEG-2), VHS and other professional media formats. |
| Q. | Can I wait to order the video? |
| A. | ELV maintains a digital archive of every video deposition we do. Videos depositions are available to attorneys in any media format at any time after the deposition. Normal delivery is 10 days. |
| Q. | Do you offer video duplication services? |
| A. | Yes, ELV provides high quality video duplication services for any format. |
| Q. | Can you convert video media from one format to another format? |
| A. | Yes, ELV provides high quality media conversion services from any format to any other format. |
| Q. | Can you playback the video in the courtroom? |
| A. | Yes. We provide cutting edge litigation support in courtroom electronic technology. We can set up an A/V system designed to meet your needs and can also remain in court to run the system. |
| Q. | Besides depositions what other uses are there for legal video? |
| A. | A video documentary which shows a tribute to the life of a deceased victim and the negligence through which they expired can force a quick and favorable decision from an insurance company. A “video-will” can show a testator to be in a fine state of mental health in case his/her will is contested. A day-in-the-life video shows how a person’s activities of daily living have changed since the date of their incident. There are many other uses for legal video. |
| Q. | Can our law firm use an “in-house” video department to videotape depositions |
| A. | According to Federal Rules of Civil Procedure 30b & 28c, any video to be admitted in a court of law must be produced by a disinterested third party. A law firm does not fall into this category. |
| Q. | How do I schedule a video deposition with ELV? |
| A. | Your firm can call us directly and receive many benefits that will save your clients money. |
How much advance notice must be given to schedule a video deposition?It always works best to have at least one to two weeks advance notice of a videotaped deposition, but we have videographers available for those last-minute depositions the day of or the day before a deposition. Does Discovery Media Productions, Inc. provide court reporting services?We work with several large and small firms that can provide accurate and friendly court reporters. We are more than happy to schedule a court reporter for your deposition. Are your videographers certified?Devin Williams, CEO of Discovery Media Productions, was one of the first in Oregon to obtain the CLVS (Certified Legal Video Specialist) certification by the NCRA (National Court Reporters Association). All videographers are trained using the CLVS standards and comply with the local and federal rules for videotaping depositions. For a directory of other certified videographers, please see the NCRA’s CLVS listings. What type of equipment is used for a video deposition?Discovery Media Productions, Inc. uses only 3-chip broadcast-quality cameras with professional lavaliere microphones and audio mixers, neutral backdrops, two separate backup systems and audio for the court reporter — all provided at no additional charge. When can the video masters be delivered?DVD masters are produced on-site in addition to our backups and are available to be delivered within one or two days after the completion of the deposition. Can the video deposition by synced with the transcript?Yes, the video is converted to a special video file format and is synchronized with the court reporter’s transcript by using a two-stage quality assurance check for accuracy. You can then use the included software to search the video and transcript or use the files in most any case management software. What are the benefits of using video and transcript synchronization?Large cases benefit from synchronizing all of the depositions to cohesively manage the testimony for all of the witnesses. Words and phrases can be searched and cataloged with clips created to focus on those specific areas of testimony. Synchronization is also useful at trial for playing back the created clips or to impeach a witness by searching his or her deposition transcript and playing the video back within seconds. Can a video deposition be edited?Any video deposition can be edited to either extract objections or colloquy or to condense a deposition into specific areas of testimony. Discovery Media Productions, Inc. holds all backups for video depositions for a minimum of two years, allowing for any editing needs to be done almost immediately upon notice because the masters do not need to be delivered to our offices. Are there extra video deposition services available from Discovery Media Productions, Inc.?We can provide a wide range of extra services for your video depositions. More frequently we are producing two-camera depositions with one camera on the witness and another on the questioning attorney. This can produce either two separate digital masters and/or have a picture-in-picture or split-screen effect. Other items available are an ELMO document presenter, LCD projectors and screens, DVD or VHS players, and extra monitors. Please call us at (608) 408-7411 for your specific needs and for pricing information. |