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Using an Opponent's Video Deposition at Personal Injury Trials: Conveying the Message Without Boring the Jury

Creating and Playing Short, Meaningful Deposition Clips From the Opposing Party's Video Deposition

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, June 8, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss why, how, and when personal injury attorneys can and should use the video depositions of their opponents to present the other side in meaningful bites that maximize the theme and message counsel wishes to convey. The program will review not only the applicable rules of procedure, rules of evidence, and trial strategies, but also provide guidance from seasoned expert videographers about what attorneys need to know about the medium itself and how to use it effectively. The panel will also discuss special considerations with remote depositions, including recording concerns and playback in trial.


Trial advocacy, especially in personal injury cases, has been described as part law and part theater, requiring a lawyer to know both the law and the audience. Trial attorneys have a short time to capture a jury's attention, and the effective use of technology and video depositions can be essential.

Federal Rule 32 allows the use of deposition testimony, including video depositions, for "any purpose," such as opening statements, closing statements, impeachment, and cross-examination at trial and as part of motion practice. Nonetheless, what Rule 32 gives, other rules of procedure and evidence may take away.

The "art" of video depositions requires counsel to think like the jury and master some understanding of staging, lighting, and other aspects of video to get the kind of clip best suited to support counsel's themes and messaging. Attorneys should be familiar with video terminology and how certain videographic techniques do or do not comply with the relevant rules of procedure and evidence. Many new lessons and techniques have been learned during the pandemic.

Listen as this experienced panel discusses why, how, and when personal injury attorneys can and should use the video depositions of their opponents.



  1. The Rules applicable to using video depositions
    1. Rules of evidence
    2. Rules of civil procedure
    3. Local rules
    4. Recovery of deposition expenses as a taxable cost
  2. Reasons to use the opponent's video deposition testimony
  3. When and how to play excerpts
  4. The details that matter when preparing for a video deposition
  5. Special considerations with remote depositions
  6. Deposition designations playback in hybrid and remote trials
  7. Deposition playback for impeachment or absentee witnesses
  8. Deposition playback vs. remote Zoom testimony


The panel will review these and other critical issues:

  • If the video has the potential to bore the jury, why should it be used?
  • Should opposing counsel be visually present in the deposition?
  • Where should defending and opposing counsel be placed relative to the deponent?
  • How much stopping and starting of the video is permitted?
  • What strategies should counsel follow if the client may not come across well on video?
  • What options may be used for deposition playback in trial?


Brooks, Ted
Ted Brooks

Managing Partner

Mr. Brooks has written hundreds of articles, is a popular CLE presenter, and has won numerous professional awards...  |  Read More

Katzenstein, David
David Katzenstein

Eckert Seamans Cherin & Mellott

Mr. Katzenstein is a litigator with over 35 years of experience in the defense of personal injury and commercial cases...  |  Read More

Morriale, Rita
Rita Morriale

Vice President

Ms. Morriale has become a well-respected leader in the court reporting industry. Her education began with studies at...  |  Read More

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