Part seven of this series explained how to answer questions during unrecorded depositions. Now, in part eight, we will discuss how to conduct yourself in a recorded deposition.
Michigan Court Rule 2.315 permits attorneys to record depositions upon proper notice. Most depositions are not recorded by video, so it is important to know whether yours will be before you begin your preparation. Subrule 2.315(C) requires that the notice of deposition and subpoena for attendance at the deposition specifically state that the deposition is to be videotaped.
For the most part, your preparation and conduct will be the same as described in parts six and seven of this series. One major difference for recorded depositions is that you have less control over the transcript. Part seven discussed the advantage of unrecorded depositions insomuch that the transcript does not show any time lapse between questions and answers. In other words, you can take your time and pause before answering questions in unrecorded depositions. So long as the questioning attorney does not comment as to your pauses, no one will ever know they existed. The same is not true of a recorded deposition.
The transcript is now the video, and the viewer (whether a judge, jury, witness, etc.) will be able to see the deposition exactly as it happened. This means not only do you need to be conscientious of the time you are taking to answer questions, but you also need to pay attention to your facial and body expressions. The viewer will never know if you have poor facial or body expressions in an unrecorded deposition, but they will be able to see everything you do in a recorded deposition.
Simply put, additional preparation may be necessary for a recorded deposition. You should consult with your attorney as to what type of deposition you are preparing for, and how much preparation time is necessary.
If you have been sued or subpoenaed to testify at a deposition and need to understand your options, please contact Grewal Law PLLC to schedule a free consultation today. We are proud to help clients throughout Michigan.