Tag: Video

A Practical Guide to Using Video at Trial

| by Brian L. Burchett of The Burchett Law Firm, P.C.

A picture is worth a thousand words.  Why tell the jury what the opposing party said when you can show her say it, with subtitles?  Deposition video clips are the same as the written transcript.

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Using Synchronized Video Clips to Impeach an Adverse Witness

| by Heather L. Duncan, Esq.

Litigators have consistently told us that the use of a synchronized video clip of a deposition is one of the most powerful discovery tools available to impeach an adverse witness at trial. We have also been told that having the clips available for playback has impacted case outcomes on multiple occasions. This month’s Network News focuses on the legal aspects of making and using synchronized video clips for impeachment purposes.

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Deposition Transcripts - Who Can Get What?

| by Heather Duncan, Esq.

Unlike most trial transcripts, a deposition transcript and the audio or video of deposition testimony are not public records. All parties to a case in which a deposition is taken, as well as a deponent are entitled to obtain a copy of a deposition transcript. However, there are limitations on a third party’s right to obtain a certified copy from the court reporter. 

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Emerson Electric v. Superior Court

| by Heather Duncan, Esq.

This month’s post focuses on the little-known but very important case of Emerson Electric v. Superior Court (1977) 16 Cal.4th 1101. In Emerson, the California Supreme court held that a deposition is to be conducted as if the proceeding were a trial; therefore, in a videotaped deposition one is allowed to ask a deponent to reenact how an accident occurred, demonstrate a matter, or draw pictures or diagrams at a deposition.

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Perpetuating Testimony

| by Heather Duncan, Esq.

Perpetuating testimony is the procedure permitted by both federal and California discovery rules for preserving the attestation of a witness that might otherwise be lost prior to the trial in which it is intended to be used. The usual method of perpetuating testimony is through a deposition. Perpetuation depositions in California state court cases are covered in the California Code of Civil Procedure sections 2035.010-2035.060. Perpetuation depositions in federal court matters are covered in Rule 27 of the Federal Rules of Civil Procedure.

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Taking Notice of California Deposition Requirements

| by Heather Duncan, Esq.

California law provides specific and strict requirements that must be complied with in order to properly notice a deposition in a case filed in a California Superior Court. Items required to be present in the Notice of Deposition are listed in the California Code of Civil Procedure sections 2025.220 and 2025.230, and include:

  •    Location
  •    Date and time of commencement
  •    Name of deponent
  •    Address and telephone number of non-party deponent
  •    Any materials to be produced by the deponent at the deposition

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Remote Deposition Technology

| by Heather Duncan, Esq.

It is a challenge for litigators to effectively balance the use of current technology with the need for effective discovery and litigation. One method for achieving the desired balance is the utilization of remote deposition technology. By following the rules provided below, an attorney can participate in many depositions without having to leave his or her office, or even home.

California Code of Civil Procedure 2025.310 (“CCP”) allows for the right of any person, other than the deponent, to attend a deposition by remote electronic means without the necessity of a court order or the consent of anyone, without any reason or justification, and without preconditions or limitation. 

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