Video Depositions — What They Are And How They Are Conducted

Technology Blog

Video depositions provide compelling evidence during a pretrial hearing. Learn how a video deposition could come into play during your legal battle. Then, prepare for the recording of your testimony. 


A deponent's testimony is taken during the discovery process. Standard depositions are recorded with the aid of a legal court reporter. A transcript of the testimony is then furnished to the defendant's attorney, the plaintiff's attorney, the members of the jury, and any other member who is actively taking part in the legal matter that the testimony is related to. Today, this type of deposition is still used but is not as common as it once was.

Video depositions are becoming more prevalent. Video depositions still require a deponent to provide testimony under oath, however, recorded footage will be captured in place of a typed transcription.

The Process

A video deposition is conducted during the preliminary stages of a legal case. A defendant, a plaintiff, and witnesses may be required to answer questions under oath. Video equipment will be set up within the room where the deposition will take place.

Typically, the attorneys who are representing both parties in a legal matter will be present during a video deposition. They will both be able to ask each deponent questions that pertain to the case.

A legal videographer is present during the deposition. They will aid with setting up the video equipment and operating the equipment during the deposition. At the end of the deposition, they will prepare copies of the recorded deposition.

Your Role

If you are going to be required to give testimony under oath, you may be directed to give a video deposition. This type of deposition should be taken seriously. You should dress respectfully and be prepared to answer questions honestly. During your deposition, you may be briefed on what to expect during the recording.

The videographer may adjust the lighting and the camera equipment. Headphones, microphones, encoding software, camcorders, tripods, and backdrops are typically used during a video deposition. Most of the equipment will be installed in advance.

The videographer will make final adjustments to the equipment that will be used for the recording, at the onset of the live deposition. They will want to make certain that you can clearly be seen and heard as you are being recorded.

During the deposition, you should maintain your focus on the person who is asking questions. Each answer that you provide should be verbalized in a clear and concise manner.

Find out more about lawyer video depositions


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