As we all know, video in court can be a magnet for any number of possible failures and subsequent migraines. Here are some suggestions to help prevent disaster — because the most critical witnesses somehow always seem to have the worst videotapes. Here are some ideas to achieve success with deposition video:

(1) It’s okay to ask your videographer questions. Ask to look through the camera and make sure you like the way the witness is framed in viewfinder. Keep in mind how you would like it to look while playing on a large screen in court. Avoid having objects, especially large ones, in the foreground. Check the background. If it is a portable screen, make sure the ENTIRE screen is in the frame. If no screen is used, avoid backdrops that are distracting like windows, mirrors, reflective glass in picture frames, doors, or credenzas where refreshments for the room are accessed.

A misplaced portable screen creates a distraction for the viewer, taking attention away from the testimony and focusing it on the leather couch in the background.

Distractions in the extreme—make sure that nothing sits between the camera and the witness.

(2) TEST THE AUDIO. TEST THE AUDIO. TEST THE AUDIO. Insist on the best microphones your provider has to offer. Make sure they aren’t hidden under lapels or obstructed in any way. Choose a room that is free of chiming wall clocks, passing fire engines, nagging speakerphone interruptions, squeaky chairs and other external sources. (We have even seen birds ruin deposition video!) Remember also if you are typing on a laptop, this can often be picked up on the audio. This goes for blackberries and phones too. Turn them off if you can stand it. Wireless devices can create interference that is very annoying during playback. If you need to whisper to your associate during an examination, remember you are miked. The potential for embarrassment here is huge.

(3) Whenever possible, rehearse with your witness on video prior to the deposition. You can be very surprised with the result. One of my most dreaded courtroom  moments was telling my client his expert had picked his nose throughout the video they designated for playback in court. Mannerisms and wardrobe choices can play a big part on video. A safe choice is to wear solid colors. Avoid reds, small patterns or loud stripes or prints. Shiny accessories can also create problems.

(4) Objections and side bars. This may sound obvious, but pay particular attention to not speaking over others and caution others who do. Not only will the court reporter adore you, it will ensure your best chance at a cleanly-cut video.

(5) Technical FAQ’s. If you intend to use a trial technician to edit and play your videos in court, the standard format for video is MPEG-1. MPEG-2, which is higher quality, is now an accepted standard too. Ask for your videos in one of these formats, it will save time and money. Also be sure to get the digital transcript from the court reporter. Your tech will need an ascii or a .ptx (E-tran) to synchronize the video to the transcript. “Synchronization” of videos allows for quick editing capabilities in court, instant (almost!) access to random page/line in a video and scrolling text during playback.