Monday, May 9, 2011

Video Deposition Tip: To edit out silences or not?

This is a judgment call between you and your video producer.
I'm for leaving them in, except passive-aggressive silences where an attorney stalks out and the questioning attorney wants to leave the camera rolling. "Wait til the special master sees this!"
To me, this is one of the strengths of video, bringing to the courtroom the kind of timing, demeanor, et al., that the jury would see from someone in the jury box. Does the deponent confidently answer right away? Do they shuffle the papers, change colors, look to their attorney, and give their lying 'tell'?
If I were writing the rules, the long silences that get cut would have old-fashioned intertitles saying how long the excised time was.
Your call, counselor.

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