Litigation Support

Video Depositions: Picture in Picture

By Blake Boyd

I’m working on a bunch of video depositions that opposing counsel had taken.. Synching them for trial.. He’s using a PIP (picture in picture.. where he turns into a little box at the top right and the elmo takes up the whole screen, and vise-versa) with an ELMO, and while that used to be a decent idea, in today’s world it’s a big no no if you’re using technology in trial.. here’s why:

(example: He’s examining the police office and pulls the police report up)

1. It’s a major distraction trying to focus on the document, we humans tend to process what we see before what we hear, and so while the picture is switching, we look at what is happening and tend to over look what we hear, which happens to always be a question or answer, since it takes a few seconds to switch between ELMO and camera.

2. It’s almost unreadable when we show the video in trial. Unless you get so close you can’t see the whole document it becomes blurry during the video conversion process. Unless you’re playing back HD video (which it’s not being recorded in nor do any trial presentation software package support) you just see a page with something on it.

3. We do this with Sanction or Trial Director, it’s one of the basic features, and it only takes a couple of clicks to tell the video to move panels and pull up a document in another, essentially the same as PIP. And, you can actually read the document. BUT, I still revert back to issue #1, in that it’s a distraction.. I once worked a case where we had over 300 different blowups and exhibit call outs in only 7-8 hours of video.. my eyes were literally bouncing back and forth as documents came up and down.

4. It adds an unnecessary cost if you plan on using technology in your trials. I’m not sure what we charge for this feature in our video depositions, because I always talk clients out of it.

When it comes to issues like these this is the difference people that use technology, day in and day out, make.. we go to trial, and we know what does and doesn’t work with the latest technology =).


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Full post as published by The Trial Technologist's View on April 12, 2010 (boomark / email).