6 Tips for Using Graphics or Animation at Trial
1. Make sure your Judge will allow the use of graphics (foam core boards or animation).
2. Think about what you might need in advance of trial. Work with the witness you plan to use your graphic or animation with. Allow for the witness to lay the foundation for each point you are trying to make with your graphic.
3. Be involved during the creation process. A good designer will update you with drafts as they are being made. This will ensure a final product you can be proud of. A good graphic image will lead the audience, your jury, to a conclusion.
4. Avoid details that are argumentative. This is the most likely way for your graphic to be determined inadmissible.
5. Be aware of when you need to disclose your graphics to opposing counsel. When using animation, it is typically helpful to supply the other side with stills rather than the animation itself to avoid confusion when navigating through your graphic.
6. Prepare a brief of how the animation was prepared and how the information is relevant to your case. It is also a good idea to have the graphic designer who worked on the project available to testify, if need be.
5 Reasons to Videotape Your Deposition
1. In Lieu of Live Testimony: When your witness cannot appear at trial, videotaping their deposition allows the jury to witness the testimony just as it was given. A more compelling presentation than listening to a transcript read aloud, your videotaped deposition conveys the impact of live testimony even when the witness is not present in the courtroom.
2. Allows for Vivid Impeachment: Planning on impeaching a witness? There is no better way to make them squirm on the stand than to play a clip of their taped deposition back of them contradicting what they just said moments before, with the witness' reaction resonating with your jury.
3. Body Language: Everyone has a tell; A video deposition conveys attitude both on video and in court for a witness as well as their counsel. Video allows for a more full understanding of testimony through the viewing of body language.
4. Trial Prep: Testimony is difficult, and witnesses are often nervous. Reviewing a video deposition with your witness before trial can help to work out awkward testimony or body language.
5. Controlling a witness: Simply having a video camera in the room as a record of action can help to control an unruly witness (or counsel person).