This is the second article in a two-part series addressing the technical issues surrounding deposition video use during trial, arbitration or settlement conference. The first article drew correlation between the art of creating deposition video and producing Hollywood movies. We discussed how to stage a clean, professional deposition video and capture powerful testimony by attending to the details, controlling the milieu and directing the witnesses.

That’s a wrap!

The deposition is complete and you’re ready to retire your director’s chair. But, there’s more. The hours of video footage, written testimony and exhibits have to be skillfully edited into a powerful, effective courtroom presentation.

Hollywood producers craft raw footage into blockbuster films in the editing booth or “cutting room”. A trial technology consultant’s editing booth may be a laptop computer loaded with a powerful presentation software package. The strength and effectiveness of your courtroom presentation depends largely on the quality of that software package and the trial technology consultant’s expertise and commitment to excellence. Digital editing and presentation techniques transform taped testimony into the compelling courtroom presentation you need.

So, let the “cutting” begin.

The Editing Booth

In Hollywood, entire scenes consisting of hours of footage may be edited out, landing “on the cutting room floor” . Deposition video is limited, however, as to the amount and type of editing that can actually be done. Testimony cannot be altered or removed but the video can be edited and formatted to produce the best possible presentation. For example, related portions of designated testimony can be streamed together for better comprehension or the flow can be regulated for continuity. One of the greatest strengths of digital deposition video it the ability to create “impeachment clips” from the witness’ complete deposition testimony.

Preparation for the editing process may begin as early as the deposition itself, through proper coordination of the video recorder and the reporter. Synchronizing the reporter’s timestamps with the videotape, and insuring the reporter records, timestamps on each transcript line. The time stamp format should be in the left column of the transcript and recorded in hours, minutes and seconds for increased accuracy. Once the transcript has been created, the reporter should have the ability to include or exclude the timestamps on the hard copy and the ASCII file. This is a useful feature for the attorney who will be reviewing the transcript. Having the timestamps removed makes reading the transcript easer and provides the attorney with a margin for notes. During playback, the timestamps will correctly signal the presentation software to advance each line in time with the corresponding video.

If time of the essence, and quick turnaround is essential, the video signal and the stenography stream can be joined together in real time during the deposition using a Digital Video Text Recorder (DVTR). The DVTR provides the fastest review of synchronized text and video, and enables immediate raw playback and simultaneous viewing or searching the video or written testimony on a portable computer. After the deposition, the data can later be burned onto a CD or data DVD (different from movie DVDs and require a special data DVD player). The DVTR allows the replacement of the raw transcript with the certified transcript, when it becomes available, while still maintaining the synchronization with the original video. As you prepare for trial, transfer the data from the DVTR to your deposition video editing/presentation software. The deposition video editing and presentation software is the vehicle for putting all of this digital information at your disposal for creating deposition clips that can be used in your courtroom presentation.

A note about tracking and the quality of your deposition video: If correlating the videocassette with a CD is important to you, we recommend recording two hours of video onto a CD. This way the CD directly corresponds to the videotape cassette. If video playback quality is of greater importance, recording one-hour video onto a CD is the way to go. You will have two CDs for every videotape cassette, but the image quality is better. Another possibility that is now available is having the complete day of testimony recorded onto a single data DVD. Having high quality video will retain higher visual playback quality, which is especially important if you require presentation flexibility and/or planning playback all the video at full screen during trial. If you elect to have about an hour of video on each CD, it is crucial to plan for it at the deposition by providing clean breaks every hour during the testimony. This will allow ample video overlap and reduce the chance that portions of testimony are not available for playback.

Good Timing

Good timing is difficult to achieve. Frequently, timestamps are not truly synchronized, the court reporter’s timestamps periodically drift out of synch (to capture technical phrases or unknown words) or timestamps are not applied to begin with. How can you pull it all together?

Timestamps can be manually added to the deposition transcript through a service bureau employing a real-time insertion process. This means that if there is two hours of video it will take approximately two hours to add the timestamps to the transcript. Assess the presentation situation prior to contracting encoding and timestamp insertion services. There are times when the reporter’s timestamp drift is acceptable and will not adversely affect the presentation, for example, when the presentation software being used in the courtroom is able display three or more lines of text at a time.

If your deposition was recorded on videotape, the videotape can also be encoded post deposition through a service bureau. This allows you to first assess the relevance and the testimonial impact of the witness before committing to the cost of digital video and synchronized text. A service bureau can convert the videotape into digital video and insert timestamps, and then synchronize the text with the video, using a copy of the videotape and ASCII transcript.

The average cost for time stamping and encoding services is between $100 and $200 per hour. It is worth the expense to use a reputable service bureau that has four or more years of experience. Keep in mind; that poor synchronization will result in a “Godzilla Meets the Courtroom” type of presentation where the video is playing ahead of the transcript text. When it comes to deposition video production service, you truly do get what you pay for.

Instant Replay

Applying advanced technology, such as DVTR, means that almost immediately after the deposition ends; all versions (voice, video, written report) of the proceeding are digitally linked and available for review. Additionally, sophisticated software packages, like those included in the inData Director Suite provide the ability to choose the best video presentation format for the particular case and court.

Editing for optimum clarity and comprehension is essential. The ultimate goal is to leave little or no room for your opposition to exploit the witness, testimony or presentation. This is where you can exercise finesse and creativity — streaming related video clips together, presenting small portions of testimony at a time, arranging the testimony so facts are presented in chronological order, or even beginning a clip midway through a question. There are myriad techniques for editing deposition video to achieve the greatest impact.

Exert quality control during editing to ensure that only pure testimony is included in the clip, maintaining the integrity of the case. The technology permits for editing out objections and other interjections, as well as witness and attorney miscues, repetitions, pauses and irrelevant discussion.

A natural witness’ pause can provide emphasis, tension or emotion. But, remember other pauses are excruciating to watch and will detract from the testimony. Unless directed by the court, and for general courtroom presentations, you should remove the following pauses from taped testimony whenever possible.

Inconsequential procedural pauses, such as attorneys conferring off camera, searching for notes, shuffling papers or setting exhibits, taking notes or preparing for subsequent questions.
Protracted pauses if the witness is thinking.
Brief refreshment breaks for water, blowing nose and sitting position adjustments.
At some point, the court may require presentation of the entire deposition, in its original sequence and edited only for good presentation (i.e. removing inconsequential pauses). Make sure your trial technology consultant can produce this on site, with out prior notice. Presenting an entire deposition that seamlessly spans days, including all of the designations and can be produced overnight makes an extremely powerful statement to the court and opposing counsel.

Special Effects

A good trial consultant and software package will be able execute advanced features and accommodate special requests. Exhibits should be able to be linked to testimony for automatic and simultaneous playback in the courtroom. This strengthens the overall presentation by keeping the jury in the loop as they view exhibits while witnesses testify about them.

Foreign language depositions present a unique set of challenges. When preparing to present a foreign language deposition in court, be sure to get the courts direction on how the testimony is to be presented. Some courts have asked that the deposition be presented with the attorney asking the question, then having the translation of the question edited out. Then having the witness respond to the question in his native tongue, followed by the English translation of the witness’ answer. This is an extremely tedious editing process – every Q&A pair must be edited. Consider the costs and time involved in preparing a foreign language deposition video. An experienced trial consultant will be able to help you better prepare and consider the issues involved.

Seek the courts direction on how to present foreign language video depositions early. If you have directed the deposition be edited - to remove the translation of the question, and have already incurred the cost and time investment, it’s a hard thing to have the court direct you to have the deposition designations played in their entirety. Now you are faced with the added cost of time and money to re-editing the deposition.

Presentation formats may need to change on the fly during trial. Your software package and trial consultant should be able to respond immediately, with minimal notice and be able to do it on-site. For example, you may need to change from a full screen presentation format without text, to a quarter screen with closed captioning text in the video window and exhibits or graphics displayed over the remainder of the screen. Having this capability enables you to confidently respond to the dynamics of the trial situation.

The early commitment you make to a quality deposition video will set you apart from the others and will determine the strength of the final presentation. Superior software and expert trial support consultants will enhance the quality of the presentation and make litigation exciting. Carefully choose a consultant who knows the technology like you know the law to help you produce a superior, case-winning deposition video presentation.

Stan Sandstrom is a long time lead consultant for the trial consulting division for inData Corporation, the makers of the award-winning TrialDirector™ software and providers of a full range of trial technology software, services and consulting. Reach inData at 800-828-8292 or 616-696-6886