Tips on Virtual Expert Witness Deposition Testimony – Part One

The virtual, video-conferenced deposition has become, as much as many trial lawyers dislike it, a part of the “new normal.” It will likely continue so, at least as long as the judicial system is faced with the strictures of the COVID-19 viral pandemic, and perhaps well beyond. Whether the profession returns to the “old normal” once the pandemic is (hopefully) vanquished remains to be seen, but the general consensus seems to be that it won’t happen anytime soon.

In a two-part featured article series for DRI’s The Voice, product liability and mass torts partner Adrienne Busby, senior counsel Joe Price, Kevin Ong, Ph.D., P.E., principal engineer at Exponent, Inc., and Merrie Jo Pitera, Ph.D., CEO and director of jury research at Litigation Insights, highlight points of concern in the preparation and taking of a video deposition.

In part one of the series “Tips on Virtual Expert Witness Deposition Testimony – Part 1,” the article shares practical takeaways for practitioners to consider when taking virtual depositions. The article also highlights the role that cinematography (e.g., camera angle, lighting, eye contact) plays when capturing video testimony, and the impact it has on credibility. Read part one.

In part two of the series, the authors share best practices for preparation and taking of video depositions. Part two of the series will be published on December 2, 2020.