The Golden Rule of Video Depositions at Trial: Use Only the Gold
By Chad Colton, Markowitz Herbold, PC
In today's legal landscape, video and Zoom depositions have become standard practice. While these tools offer convenience, they also present unique challenges when it comes to trial. A common mistake is allowing long deposition clips to disrupt the momentum and dilute the impact of your presentation. To avoid this, it's crucial to follow the "Golden Rule" of video depositions: Use only the gold.
The Pitfalls of Long Deposition Clips
Playing video depositions at trial can easily go wrong. Many lawyers make the mistake of using lengthy clips filled with mundane details. This approach quickly bores the jury, diminishing their engagement and the overall power of your case. Jurors today are accustomed to short, punchy content thanks to social media, and their patience for watching extended "talking head" videos is limited.
Sifting for Gold Nuggets
Think of depositions as panning for gold. The bulk of what you get in a deposition is silt, with an occasional gold nugget of compelling or damaging testimony that will truly resonate with the jury. The key is to extract and present only these impactful moments, ensuring that every second of video shown in court has maximum impact.
Tips for Creating Effective Deposition Clips
1. Keep it Short: When preparing deposition videos for trial, resist the temptation to include lengthy clips. Focus on short, precise segments that capture the essence of your argument. This keeps the jury’s attention and maintains the courtroom’s energy.
2. Focus on Impactful Testimony: Identify and highlight only the most powerful and relevant parts of the deposition. These are your gold nuggets – the moments that will leave a lasting impression on the jury.
3. Ask Specific Questions: During the deposition, frame your questions in a way that allows for standalone clips. Avoid broad references like “him” or “this document.” Instead, be specific: “Mr. Jones” and “the July 1st email.” This specificity helps you create clear, concise clips without the need for extensive context.
4. Edit Ruthlessly: Be meticulous in editing your deposition videos. Remove any unnecessary context or filler material. The goal is to present only the most compelling and relevant testimony.
5. Practice Makes Perfect: Rehearse presenting these clips to ensure they flow seamlessly within your trial narrative. Practice integrating them into your overall presentation to maintain momentum and impact.
The Benefits of Using Only the Gold
By adhering to the Golden Rule of video depositions, you enhance the effectiveness of your trial presentation. Short, impactful clips keep the jury engaged and focused on the key elements of your case. This approach not only preserves the energy in the courtroom but also reinforces your arguments more powerfully.
Conclusion
Video depositions are a valuable tool in modern litigation, but their effectiveness hinges on how they are used at trial. By focusing on the gold – the most compelling and relevant parts of the deposition – you can maintain momentum and maximize the impact of your presentation. Remember, jurors today have limited patience for lengthy videos, so keep it short, specific, and impactful.
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Chad Colton helps companies and business owners navigate high-stakes commercial litigation—when businesses, reputations and livelihoods are on the line. He often serves as parachute trial counsel, joining cases at the mid-point or on the eve of trial (sometimes literally) to develop a hard-hitting trial package. He has taken nearly 30 cases to trial across the country and served as lead counsel on some of the most high-profile commercial jury trials in the Pacific Northwest.