As I sit here in trial playing back video depositions, it became clear that I really need to write about the efficiency of video playback. As everyone knows one of the major perks of using trial presentation software is the ability to cut clips quickly and more importantly having the transcript follow along (like closed captioning). The jury gets a visual representation of the person testifing, the audio of the person testifiying, and most importantly they can read the testimony. Adding all three aspects together is said to dramatically increase information retention. And I truely believe it works.

If you use it effeciently….

I’m constantly making video clips and I’m constantly telling clients to cut them even shorter. The length of your video playback is such a huge aspect of how much information the jury is going to retain. Think about your own viewing habbits in the comfort of your own home. You normally watch a show YOU WANT to watch. These shows have breaks in the form of commercials which also help keep your interest in the program. Most shows are an hour long with only 45 minutes of programming.

Add all of those factors together and try to come up with a good excuse to playback 2 hours of a video deposition. I’ve heard every excuse in the book but the most common is: “This is a VERY important witness, what they have to say will really sway the case in our favor”.

While that statement can be true, playing back hours of video will NOT help your case, but instead hurt it. I’m looking at a jury sitting in front of me and we’re 1:15 minutes in, and they’re not paying attention. They’re looking around, looking at the walls, and jurour number 3 has actually taken her glasses off. We still have an hour to go…

And since I’ve watched this before, there truly is some great testimony that helps our case in here. But they jury isn’t getting it, and even if they do, they aren’t going to remember.

I will always stand by my belief that you should never play more than 45 minutes of testimony at a time. If the witness is truly that important, subpoena them and have them testify live.. and if that is not possible, ask the judge for a break half way through the testimony or find some other way to break the testimony up.

If not, you probably won’t be getting the “case winning points” to your jury.

Tags: Clips, Sanction, trial, video depositions