Trial Magazine

Video. Video recording instruments range from a point-and-shoot camera with built-in video to high-definition cameras capable of creating 4K video at 60 frames per second. If you want high-quality trial clips, or if you’re live-streaming the deposition to remote participants or observers, high-definition video is a must. This video must be played on computer equipment rather than a DVD player to edit clips, so it must record in a format that is easily computer-compatible.

Depending on whether you use a Windows or Apple operating system, you may need a program to convert the recorded video to a format that is compatible with your computer and other editing software. We use Any Video Converter and reformat everything into MPEG-1, which is very easy to edit. Windows Media Player is a commonly used software.

Your recording instrument should generate date and time information on the video screen. Our firm uses a Canon VIXIA HF R80 to shoot high-definition video. This or a similar camera costs between $349 and $449. Although, on occasion I have used my point-and-shoot Canon Sure Shot with good results.

For quality assurance, the video operator should watch the video stream on a monitor connected to the recorder. If you’re using a digital copy of documents or exhibits, use a second monitor for document display and have a mouse so the witness can point to, identify, and annotate the documents. If you are using an iPad for the digital display, ask the witness to annotate the exhibit and then immediately email the annotations to your opponents and the court reporter. You can also link the iPad to the camera and record the annotations to the exhibit directly.

If you want to take video one step further, software such as LiveNote Stream or even Skype can transmit video, audio, and real-time transcript text to offsite monitors so remote attorneys, experts, and staff can observe and offer secure comments through the program’s chat service.

Trial presentation. Some courts require reservations for equipment use or advance judicial approval for outside systems—so make sure you know the rules.1 That said, your laptop or tablet software (such as Sanction, TrialDirector, or OnCue) and interface equipment—cables, adapters, power strips, monitors, playback media, and battery chargers—will do the brunt of the work. Always bring your own adapters, projectors, and monitors, and be sure to have a mobile data port in case the courthouse does not have wireless internet.

Audio. While the camcorder’s built-in microphone may suffice, you can achieve more professional results with individual lapel microphones that are connected to the audio recorder or mixer. My firm uses ImageMixer 3 SE Ver.3 and Polsen microphones. These cost about $80 and work well.

Editing and syncing. If you’re on a small budget, your technology staff can use video editing software to select testimony or create evidentiary clips. If you hire professionals, videography services or integrative e-systems can sync video and transcript, isolate designation clips, organize the clips by topic or witness, or store the clips in the cloud so multiple users can access them.2 You can upload the transcript and video to the online service, which syncs it and sends it back for you to organize. My firm makes its own clips for trial, and we use Synchron to sync the transcript to the video.

Backup and storage. Create a backup recording of the deposition through a second camera or recording system—I use my Canon Sure Shot. Some reporting services also regularly make a backup audio media (BAM) file even when making a stenographic record.3 Once you’ve complied with court rules about filing or storing originals and serving copies, store your backups on CD/DVD or an MPEG drive, or use a cloud-based system, such as Dropbox or Google Drive.

iPad or laptop? iPads are becoming more useful for trial presentation, given their portability, flexibility, ease of use, and helpful apps. DepoView lets you view and edit video; TrialDirector imports files and clips from Dropbox to run on your desktop or laptop; and TrialPad allows you to display, highlight, and annotate photographs, documents, or video through a television or projector. I am more comfortable with laptops and still prefer them for their document management and editing capabilities, particularly for cases involving many clips or exhibits. Your own comfort level with the devices and technology will dictate your choice.

The views expressed in this article are the author’s and do not constitute an endorsement of any product or service by Trial or AAJ.

William S. Friedlander is a partner at Friedlander & Friedlander in Ithaca, N.Y. He can be reached at wsf@friedlanderlaw.com.