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Using Multimedia in Legal Proceedings

Video
“When New York attorney William McGuinness goes to trial, he brings an arsenal of sound bites. In a recent case, he was able to strongly suggest that an executive on the witness stand was misstating terms he had offered partners in a proposed business deal. Waving a scanning wand over a list of bar codes, Mr. McGuinness quickly selected from his index what he thought was a damaging snippet from a video deposition the executive had given before trial. Suddenly the witness was contradicting his court testimony on a giant video screen . . . The television reality was becoming more real than the live testimony.” In Videotaped Depositions, Every Twitch Tells a Tale, Wall Street Journal, 12-8-98.

Video allows a jury to listen to and read a witness. Video brings parties to life much better than written testimony. Video can be used for a variety of purposes in your case:

  • Witness preparation;
  • Settlement brochure;
  • Day in the life documentation;
  • Deposition;
  • Site evaluation;
  • Surveillance;
  • Trial testimony;
  • Video stills.

Video, like a video deposition, can be digitally converted onto a CD-ROM, DVD or laser disk. The conversion then enables the user to access any part of the video instantaneously and freeze-frame any picture. This is contrasted with the videotape method of fast forwarding to the area in the transcript using the conventional VCR method. Also, it is important to remember that this video can now be synchronized with the full text translation of the testimony of the witness. This synchronization enables one to search in the full text for the particular evidence and then switch immediately to the digital video portion of the testimony at that location. For example, if you are questioning a witness on the stand and you want to bring up part of the deposition involving a discussion of the word diabetes, search for the word and it will take you immediately to the video spot where the witness said this word.

See also Chapter 6, Multimedia and Chapter 7, Video Depositions.

 

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