New to legal video? Start here.

What is a deposition?

A deposition is sworn, out-of-court testimony given by a witness during the discovery phase of litigation. It is a formal part of the litigation process, which means it is governed by rules, but it can take place almost anywhere: a law firm conference room, a hotel suite, a hospital, a courtroom, or over Zoom from somebody's kitchen.

Why is it on video?

There are two reasons, and both of them matter to you. The first is that video captures the non-verbal parts of testimony, the tone and the hesitation and the body language, none of which survive into a written transcript. The second is that video is the deliverable an attorney actually uses at trial when a witness can't appear in person, or won't. Fewer than 1% of civil cases reach trial, so for the other 99% the deposition video is often the most important record of testimony in the entire case.

Who is the legal videographer?

The legal videographer captures, prepares, and presents that video. In federal civil practice you also serve as the Officer of the record, which makes you a neutral party responsible for the integrity of what gets captured, and there are rules attached to that role. Those rules are the part newcomers consistently underestimate. FRCP 28 governs who may serve, FRCP 30 governs how the deposition runs, and FRCP 32 governs how the finished video may be used at trial.

Depositions are one of three pillars

Deposition video is where the volume is, and it is where nearly everyone starts, but it is not the whole field. Evidentiary video and trial technology sit alongside it, and each one has its own credential and its own day rate.

• Deposition video covers sworn testimony under the federal and state rules. Highest volume, most standardized, the most reliable source of recurring work.
• Evidentiary video - when the video is the evidence. Scene capture, day-in-the-life, drone documentation. Has to survive a foundation challenge.
• Trial technology - the hot seat. Running exhibits and video in front of a jury, live, under objection.

Day rates rise as you move down that list. Volume falls. Most working members build on depositions first and add a second pillar once the calendar is stable.

Where do you go from here?

Four options, in the order most people take them:

1. Take the free Legal Video Career Path course. Sixteen lessons, self-paced, and free. It maps all three pillars and how the credentials fit. It's a course rather than a credential, and it's how you decide which pillar to start with.
2. Go deeper on one pillar, free. Deposition Video 101, Evidentiary Video 101, and Trial Technology 101 are all free and all sit under an hour.
3. Read at practitioner depth. The field guides cover the four rule sets, the signal chain, remote depositions, archival, and the business side - rate cards and what attorneys actually want.
4. Start the credential. If you already know this is the work, CDVS is the foundation credential and assumes no prior legal or video experience.

And if you'd rather have something useful in your hands today than something to read: the free tools are eight calculators and references - run time, file size, timecode, the FRCP 30(b)(5) scripts, a searchable federal rules reference - with no signup and nothing leaving your browser.