Description: San Francisco Employment Law Firm Blog — Published by San Francisco Bay Area, California Employment Law Attorney — Lawyer Arkady Itkin
You may have heard before that when it comes to testifying, whether you are the plaintiff or the defendant in a case, your credibility is of critical importance. This is because so many cases inevitably involve “he said / she said” situation, where the fact finder (a judge or a jury) has to decide who to believe. If they find that you appeared dishonest on one issue during your testimony, then they will be doubting everything else you say.
Video depositions tend to significantly amplify gestures and body language of a witness because the camera is zoomed in and focused on the testifying witness’ face. In many ways, these gestures are way more obvious on a video than in person. A smirk or an eye roll that a jury might overlook during a live testimony in a courtroom when they are 30 feet or more away from the testifying witness is hard to miss on a video, when played in front of a jury.
Having your eyes race and shift side to side is one common behavior you should avoid during your video deposition, especially when it comes to answering simple questions, because it strongly suggests that your mind is racing to find the answer that serves you best, instead of simply stating the truth as it is.