Playing Deposition Clips at Trial

Depositions are sworn testimony in lawsuit taken before trial. Deposition testimony “counts” just like trial testimony in front of a judge and jury, but often the only people present are the lawyers, the witness and a court reporter or videographer. If the person is sick, dead or otherwise unavailable to attend the trial, the videotape of their deposition may be played for the jury. Since the judge is not present some attorneys may object to certain questions if they are afraid of the answer and then later ask the judge to not allow the jury to hear the question and answer.

Some unskilled attorneys are very afraid of the questions and answers and object to virtually every question being asked. When this happens the judge will later review their objections and if he finds them to frivolous or unfounded, he will “over-rule” the objections which means the jury will be allowed to hear the question and answer. This can be problematic when the video tape is being edited for the jury to watch because the court often requires the parties to cut out the portion where the attorney says “objection.” When this happens, the video tape, unfortunately, looks choppy in between the question and the answer. The strategy may even be deliberate from some attorneys to try and create a “choppy” video for the jury by objecting to every question. This fearful attorney may think that a choppy video seems less credible to the jury and the jury will not consider the testimony. Strong judges do not permit this type of gamesmanship and can punish the frivolously objecting attorney by allowing the jury to see and hear him or her making their unfounded objections. The jury will then know that the unskilled attorney is very afraid of the answer to the question and will pay close attention to it.

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