Empowering Your Tort Cases With Video

Whether you’re preparing for toxic torts lawsuits or medical malpractice cases, it’s highly likely you’ll need to rely on or undercut expert witness testimony to secure favorable verdicts for your clients.  In negligence cases, you may need to depose expert witnesses to show the defendant owed and breached a duty to an injured plaintiff, along with whether that defendant’s conduct was the actual and proximate cause for the plaintiff’s injury.  Cases involving asbestos exposure or chemical poisoning, on the other hand, could hinge on how well your or your opponent’s scientific, medical, and other subject matter experts address causation issues.

While you can always submit certified stenographic transcripts of your depositions into evidence, these transcripts won’t tell juries everything that happened in the deposition room.  Stenographers aren’t allowed to include notes on the deponent’s body language, reactions to questions, facial expressions with exhibits, and other non-verbal cues.  Fortunately for litigators, state and federal courts allow parties to submit pre-trial deposition videos into evidence for a wide array of reasons.  This allows you to not only add powerful visual and emotional context to deposition transcript responses but also allow you to incorporate testimony from unavailable witnesses.

Still, not all deposition videos are admissible by default.  Lawyers will not only need to satisfy jurisdiction-specific notice requirements before taping the deposition but will also need to ensure they’re recording the deposition competently.  In some jurisdictions—including California—you’ll need to have a deposition officer operate your recording equipment if you’re deposing expert witnesses or medical doctors. For many law firms, this means you’ll need streamlined deposition recording equipment that anyone can use regardless of their videography experience.

CaptureCast Legal eliminates these variables so that anyone can record and export high-fidelity deposition footage for use at trial.  Our platform allows you to search for testimony, export clips, generate transcripts and organize your videos in a few clicks—all without going through professional videographers and post-production teams. Here’s how CaptureCast Legal can help amplify your litigation capabilities for your next case:

Invite Legal Team Members and Interested Parties to Participate via Live Feed—In many jurisdictions, parties can conduct depositions via live feed if they timely notify other interested parties and arrange to have those parties and their lawyers also participate via live feed. Having this capability can help ensure any depositions you hold for multijurisdictional torts cases ends up going smoothly. CaptureCast Legal provides this option via our native live-streaming features.  Our platform allows you to involve members of your legal team and other interested parties to securely watch and participate in your depositions anywhere on any device.

Capture Deponents’ Reactions to Exhibits and Questions – Showcasing filmed deposition segments can help you fire off emotional punches against witnesses and parties you’re impeaching at trial.  Since deposition stenographers are not allowed to record deposition participants’ reactions, pauses, or other non-verbal cues, deposition footage can help jurors better understand a deponent’s statements or opposing attorney’s conduct. Our non-intrusive, multi-camera, high-fidelity recording system can capture your deposition proceeding from all angles. This gives you opportunities to highlight parties and witnesses’ negative non-verbal behavior in ways transcripts alone cannot achieve.

Export Important Deposition Segments as Admissible Evidence—State and federal courts allow parties to submit full-length tapes of pre-trial depositions or relevant clips from those tapes as evidence in civil cases. Some states, including New York, require parties to either edit objectionable sections or single them out to suppress during in-trial playback—all without altering your original files. CaptureCast Legal allows you to locate relevant testimony by running keyword searches against synchronized video transcripts. You can then export these clips as separate files without altering your original footage.

Access Your Library of Deposition Videos in a Protected Environment—Need to use a previously-taped deposition for a new lawsuit? Need to send certified copies of your videos to a stenographer to transcribe? CaptureCast Legal categorizes and uploads your videos onto a private multimedia library that only you and approved associates can access.  This allows you to retrieve and export deposition videos for any matter without altering or destroying your original files.  Our built-in user access controls can also help mitigate potential conflicts issues involving other attorneys in your firm.

Easily Record Depositions Regardless of Technical Experience: Depending on the state you practice in and the type of witness you’re deposing, you may need to have a deposition officer or other neutral party control your recording equipment.  CaptureCast Legal’s easy-to-learn, one-touch recording system allows anyone to record high-quality deposition footage with the click of a button, helping you mitigate videography competency issues at trial.

Coach Your Associates and Partners Before Trial: Whether you’re trying a high-stakes product liability case or a complex class action lawsuit, you’ll need to ensure your associates and partners are making the best possible arguments for your client.  Our non-intrusive, flexible recording system can be installed in any meeting room or mock courtroom to tape your lawyers in action.  Your trial practice footage is then automatically uploaded, categorized, and securely stored onto your firm’s private multimedia library for later review.

Tape Footage that Complies with State and Federal Video Quality and Informational Requirements—Many states require parties to satisfy video quality and technical information disclosure standards when submitting pre-trial deposition videos into evidence.  California requires deposition sessions to be conducted under specific room and lighting conditions, while New York mandates parties to include tape recording speed and other technical information with their deposition tapes. CaptureCast Legal’s high-fidelity cameras and omnidirectional microphones allow you to record footage that complies with these requirements.  We also capture recording speed information and other metadata you may need to submit with your tapes.

With the right deposition platform, your team can produce and submit high-quality deposition tapes at a fraction of the cost and time it would take through using videography teams. CaptureCast Legal boasts the tools all attorneys need to record admissible depositions regardless of their technical experience. 

Contact us to learn how CaptureCast Legal can boost your litigation capabilities. Free onsite trial to prove smart indexed video can help your litigation strategy.

Disclaimer: This article has been prepared for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any specific issue or problem.

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