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Video Recordings Litigation Strategies

Esquire Deposition Solutions, LLC

Recent Rulings Highlight Importance of Depositions in Litigation

In civil litigation, depositions are a key pretrial discovery tool used to uncover facts, obtain admissions, gather evidence for motions, and assess witnesses. They prevent “trial by ambush” by revealing crucial information...more

EDRM - Electronic Discovery Reference Model

Deepfakes in Legal Proceedings – A Strategic Framework for Collaborative Solutions

What can we do to address the challenge of Deepfakes being presented as relevant and authentic evidence in the justice system? Deepfake technology poses a serious challenge to establishing and rebutting the authenticity of...more

Butler Snow LLP

Cameras in the Courtroom: Rooting for the Anti-Hero

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We carry not only Netflix and YouTube in our pockets but also the video cameras that make content creation possible. Our neighbors are TikTok influencers with a million subscribers. Our kids are YouTube sensations, streaming...more

Esquire Deposition Solutions, LLC

Deposing the Terminally Ill Litigant

Broadly speaking, most personal injury claims survive the death of the plaintiff. They live on as survivor’s actions or wrongful death claims brought by representatives of the deceased plaintiff’s estate....more

Planet Depos, LLC

Impacting the Jury with Multimedia Depositions (Updated)

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With improvements in technology, it’s becoming more and more common for attorneys to use a projector to display their exhibits at trial so the jury can see and better absorb the testimony that accompanies each exhibit. But...more

Planet Depos, LLC

12 Important Tips When Preparing For Videotaped Depositions (Updated)

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We’re sharing our list of important tips for you when you prepare for videotaped depositions: Include “Videotaped” in your Notice of Deposition...more

TransPerfect Legal

Searching Audio and Video Files: Are You Adequately Assessing Their Relevancy to Your Cases?

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The COVID-19 pandemic augmented our increasingly virtual world. As such, the plethora of data at our fingertips has changed. Business Insider reported that Zoom meeting participants rose from 10 million in December 2019 to...more

Esquire Deposition Solutions, LLC

62-Hour Trek to Palau or Remote Deposition From Home? You Be the Judge

Palau is an island archipelago in the Pacific Ocean. The local economy depends on tourism, mainly from visitors interested in snorkeling and scuba diving along its beautiful barrier reefs. Tourism aside, the Palau economy is...more

Holland & Hart - Your Trial Message

Learn Visual Storytelling from the Second Impeachment Trial’s “Day in the Life” Video

As it was in the first time around, the result for Donald Trump’s second impeachment trial seems to be a foregone conclusion: There is no foreseeable scenario that would have 17 republican senators crossing the aisle to vote...more

Burr & Forman

Florida Supreme Court Amends Summary Judgment Procedural Rule to Mirror Federal Doctrine

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Florida courts have required the moving party to “conclusively disprove” the nonmovant’s theory of the case in order to eliminate any issue of fact, whereas the federal doctrine permits the entry of summary judgment when...more

Rumberger | Kirk

New Year, New Florida Summary Judgment Standard

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It’s Time to Adapt Your Litigation Strategy to a More Flexible Summary Judgment Standard - On the final day of 2020, the Florida Supreme Court waived adieu to the past in two related decisions on the summary judgment...more

Rumberger | Kirk

Video Evidence Sets the Stage for Florida's Highest Court to Expand Summary Judgment Opportunities

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One of the most important differences between the Florida and Federal judicial systems is the treatment of summary judgment motions.  The distinction arises from differing judicial attitudes rather than the wording of the...more

Rumberger | Kirk

Find Your Footing: Don’t stumble when it comes to slip-and-fall claims

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Some regard slip-and-fall claims as nuisance litigation and often make billboard plaintiffs’ lawyers the butt of jokes. But, occasionally, these claims represent catastrophic injuries with verdicts to match, and even garden...more

Association of Certified E-Discovery...

[Webinar] ACEDS Portland Chapter: Early Case Assessment - How to Champion Your Firm's Audio & Video Files - November 7th,...

Are your early case assessment (ECA) discovery techniques keeping up with advances in technology? Audio and video electronically stored information (ESI) present an increasing challenge to legal professionals. Learn about the...more

Carlton Fields

Appearance by Video Might Be More Convenient for a Nonparty in Arbitration, but It Can’t Be Compelled Under the FAA

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You find yourself in an arbitration needing documents and testimony from a nonparty. Your arbitrator issues a nonparty summons, “conveniently” requiring the out-of-state nonparty to appear by video at a hearing and produce...more

Reveal

Using Video Deposition Testimony for Opening Statements & Closing Arguments

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Trial advocacy is a mix of law and theater, requiring a lawyer to know both the law and their audience. Attorneys must effectively argue their client’s case using the evidence and the jury instructions to show their client is...more

Hogan Lovells

U.S. Court Allows Video Deposition Over EU Deponent’s Privacy Objections

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A U.S. court has recently ruled that an EU citizen’s privacy rights and the GDPR do not trump a U.S. litigant’s right to obtain discovery, including video-taped depositions....more

Planet Depos, LLC

7 Handy Tips for Scheduling a Deposition

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The process of scheduling a deposition can have several moving pieces, from counsel’s and the witness’s schedule to arranging for a court reporter, videographer, and/or interpreter. And then there’s finding an appropriate...more

Planet Depos, LLC

The Pros and Cons to Camera Placements

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Video depositions can be beneficial to your case, as they can show the witness’s facial expressions, body language, changes in the inflection of the witness’s tone of voice and pauses before answering. To ensure the best...more

JD Supra Perspectives

Gearing Up for Battle - How to Prepare Your Deposition Witness Effectively

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When a witness' deposition has been noticed, it is important to educate the witness first about what to expect and what a deposition is. These are a few key pieces of information to share with a deponent and help set her...more

Gray Reed

Why Videotaped Deposition Testimony can be More Powerful than Live Witnesses

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Although our judicial system historically prefers live witness testimony over testimony of witnesses through a deposition, today’s technology allows even seasoned trial lawyers the ability to present witnesses through...more

Planet Depos, LLC

International Depositions: Should I Stay or Should I Go?

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Should I stay or should I go? Not only is this a catchy 1980s hit single, but it’s also a common question from attorneys and paralegals when planning depositions abroad. With the advancement of video streaming technology,...more

Planet Depos, LLC

International Videoconference Testimony for Trial

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Do you have a client who will be testifying in a trial overseas via videoconference from the United States? Sounds easy enough, but there are quite a few things to consider. Time Difference – If your client is testifying...more

Planet Depos, LLC

Going the Extra Mile(s)

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Have you ever had one of those days when you just knew that things wouldn’t go as planned? You just knew when you woke up that morning that the universe wasn’t properly aligned? Dallas to Houston is a long last minute...more

Carlton Fields

Before You Push Play – Important Considerations When Using Videotaped Depositions at Trial

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Videotaped depositions can be an effective trial tool. When using video at trial, however, attorneys must remain mindful of the court record. Often, especially for long excerpts, court reporters at trial do not see the need...more

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