The Ghost Of Depositions Past

Deposition testimony plays a powerful role in case resolution. Themes are developed, admissions are gathered, and claims and defenses are vetted. Depositions are also a great opportunity to size up how a witness will "play" with a fact finder later in the case.

At some point in the case, decisions have to be made concerning the best way to maximize the impact of a deposition for later use. Often, this involves a decision with the client on what strategic advantages can be gained by videotaping witness testimony.

Some lawyers hold the view that every deposition of every witness in the case should be videotaped. I do not hold that view. There are some circumstances in which it is better to have a cold record of the testimony instead of capturing certain aspects of the witness that a videotape would record.