|
|
 |
|
Law Enforcement
|
 |
|
 |
 |
How to shoot video depositions
Evidence requires careful attention to procedure
Jun 29, 2004
|
|
by James Careless
|
At first glance, video depositions and similar video documentation seems simple enough. Get the witnesses on tape and then play their testimony in court to win your case — no problem. But, of course, it’s not that easy. Procedure is just as important as focus in the world of legal video.
There are two kinds of legal video presentations in widespread use today: the video deposition and the video documentary. “Video depositions are almost exclusively used during the discovery phase of a trial, when each side is compiling facts for their courtroom positions,” explained Dr. Gayle Marquette, founder/administrator of the American Guild of Court Videographers. “As a result, video depositions are basically question-and-answer sessions caught on tape. They may be edited for continuity and to eliminate irrelevant information, but they are not documentaries.”
In contrast, the video documentary is allowed to use post production, graphics, and even special effects to produce legal documentaries. A typical example is a “day in the life” video, detailing how a defendant-caused injury has changed the life of a victim. For example, someone who has been paralyzed due to an accident with a drunk driver may find themselves unable to work and living in dire straits due to lost income. An EUO documents how this victim is living now, using narration and graphics to make its points.
The Rules Of Law
A video deposition is a legal document admissible in court. As a result, it must be shot within very strict parameters to prevent opposing counsel from discrediting it.
First and foremost, video depositions must be taped with an officer of the court present, Marquette advised. “Usually a notary public is sufficient, but some kind of court officer must be there to swear the deponent in on tape,” he added. “If the videographer is registered as a notary public, then they can fulfill this duty.”
In some states, it’s also required for a court stenographer to be present to transcribe the interview. Opposing counsel must also be invited to the video deposition, but they don’t have to be there for taping to occur.
“Once the deponent is sworn in, the video deposition occurs just as if the camera wasn’t there,” Marquette said. “All the standard rules of legal depositions apply. If the opposing attorney is in attendance, then they have the right to object to the deposing attorney’s questions. If not, then these objections can be made prior to court, with the judge ruling whether he allows the objection or not.”
Before the session begins, the videographer must state the time, date, location, people involved, where the original tape is to be stored, and the videographer’s own identity on the tape. When the session ends, the videographer must note the time and date the deposition ended. They should also have some form of “time stamping” hardware to mark the time and date on the video itself.
If opposing council is present during the deposition taping, their objections must be noted in an Objection and Colloquy Log. This log must accompany the original tape when it’s legally transferred from the videographer to the deposing lawyer. Also required is a Certificate of Authenticity, which guarantees that the video is “an original unaltered recording of the deposition,” said Marquette. It must also be given to the deposing lawyer when the tape is transferred.
Before turning the tape over, however, the videographer should make unaltered copies of the original for the deposing attorney, the opposing attorney, and anyone else that has a legal claim to a copy, said Marquette. These copies should be given to the deposing attorney along with the Certificate of Authenticity, the Objection and Colloquy Log, and the original tape. Be sure to get a signed receipt, and seal the tapes to prevent tampering.
As for video techniques, the rules of good interview shooting apply. Make sure that your on-camera subject is properly lit and that the background behind them is acceptable — a bookcase of legal texts is a popular choice. Equip all parties with lavalier microphones, and make sure that any evidence that is to be shown is held up in front of the camera during the deposition; you are not allowed to edit it in after the fact.
Speaking of editing, it’s permissible to edit depositions into a logical sequence related to the case, as long as the time stamp is shown on screen. You can also cut sneezes, pauses, or other distractions. However, the court must have access to the unaltered original tape, in case opposing counsel claims that the editing is somehow biased.
To aid the editing process, check out legal video-specific tools such as YesVideo’s YesLaw software. YesLaw allows editors to synchronize video with the text transcription of their video deposition, which makes searching for specific clips fast and easy. (For a more detailed product review, see the February 2004 issue of Government Video.)
A Different Approach
A third form of legal video is an Examination Under Oath (EUO), which is basically a video documentary where the people interviewed are sworn in under oath. An EUO can be shot much like a typical news documentary. Besides interviewing people involved with the case, the EUO videographer can incorporate video taken at the scene of the crime, re-creations of the event, graphics, and narration to tie the presentation together.
Knowing what to shoot — and what not to shoot — is the difference between a trained and untrained legal videographer. A case in point: If you shoot footage of a fatal accident that is extremely graphic and subsequently use it in an EUO, the judge may disallow the video on the grounds that it plays to the jury’s emotions. Also, any use of lighting, framing, or editing that could be characterized as biased is open to attack by opposing counsel.
“I can take an EUO shot by an untrained videographer and find a way to get it thrown out of court within three minutes,” said Marquette. “This is not a task for amateurs.”
Once the EUO is produced, all of the original source materials used to create it must be transferred from the videographer to the deposing attorney along with a Certificate of Authenticity. The videographer should get a receipt to document where these materials have gone. And be aware that opposing counsel can demand that witnesses used in the video be present in court for live cross examination.
To excel in legal videography, you need training. So where do you find it? One source is the AGCV, which offers a three-day seminar hands-on training monthly in Caspar, WY. The organization also offers a home study course. “For videographers looking for some extra income, or even a new full-time career,” said Marquette, “legal video offers some real opportunities.”
Video Interrogations
In addition to video depositions and EUOs, many prosecutors are videotaping interrogations. Creating video records helps them ensure that witnesses stick to their original stories in court, and protects district attorneys/police from bogus intimidation and impropriety charges.
Videotaped interrogations are standard procedure for the Manhattan District Attorney’s office in New York, which supports its own Video Evidence Unit (MDA/VEU). “We’re just recording interviews,” said Michael Mannion, manager of the MDA/VEU and an active member of the Law Enforcement and Emergency Services Video Association (LEVA). “Typically we’re shooting through one-way glass looking into the interview room. We do this not to conceal the camera, but rather to keep it from distracting from the process.”
Since the MDA/VEU’s goal is to shoot eyewitness footage of interrogations, its cameras are fixed on the interviewee’s head and upper body. There are no pans, tilts, or zooms; the camera only moves if the subject moves out of frame for some reason.
As for shooting procedures? “We make a point of rolling tape before the prosecuting attorney comes into the room,” Mannion said. Once the attorney begins the interview, they formally mention this on tape and note when the interview has been concluded as well.
“On those occasions when a break is required — to let someone go to the washroom — we formally note this on the tape and the time the break occurred for,” Mannion added.
In contrast to video depositions and EUOs, videotaped interrogations tend to shoot in existing light. Again, once the taping is over, care is taken to dub the original, distribute those dubs, and to hand over a copy of the original tape to the DA.
|
|
|
Government Video is part of the NewBay Media Community
copyright 2007© NewBay Media LLC.
810 Seventh Avenue, 27th Floor New York, NY 10019 T (212)378-0400 F (212)378-2160
|
|
|
