Video Depos - Should we Display Scrolling Text or Not?

You’ve prepared your deposition for use in trial, having removed objections and other omissions.  The video is synched with the transcript, and ready to play to the jury.  One of questions that remains is:

Do I want to play the depo with the text scrolling beneath or not?

We’re going to answer that 1 question, first by asking 4 more questions, and eventually get them all answered.

1. Is the audio quality very good or better, and is the witness speaking clearly?
2. Is the witness appearing for you or the other side?
3. Does the witness state his opinions strongly and clearly?
4. Is the witness attractive…noticeably pretty or handsome?

If questions 3 and 4 have no strong answers in either favor, the witness is appearing for your side, and question 1 may be answered Yes, do not play the text.

Your dream witness is an attractive smart person who has the ability to provide their opinions convincingly with great confidence and clarity.  If you have that witness, NEVER SHOW THE TEXT!!  You want the jury to realize how likeable your witness is, develop a trust in them, and strengthen their opinions.  Don't let them waste their valuable attention by reading the words beneath your prize witness's likeable image when they should be expending that energy coming to the conclusion that your witness looks like a wonderful believable person.

A nightmare witness is the same one I just described, but he or she is testifying for the other side.  If you have any say in the playback, SHOW THE TEXT!!  Let the jurors read along, and hope they don't notice how easy it would be to emotionally connect with (and believe) your opponent's witness.

Of course, you’ve all found yourselves forced to put on a witness that does not appear trustworthy, mumbles their answers, and appears uncomfortable the whole time.  If you have to use the testimony, be sure to show the text…and hope the jury is so busy reading along with the witness that they don’t notice that they probably wouldn't want to have a beer with your witness.

The number one reason to synchronize text with your video deposition is to allow for easy content search and clip creation.  After that, scrolling text is a distraction to the jury.  If audio quality and dialect are not a problem, you will almost always show the text when you want to take the juror’s mind off the witness, and almost never show the text when watching the witness is a plus for your side.

 Next on the docket — One big screen or many little monitors?