In civil and criminal matters, discovery depositions are very important. The out-of-court statements made in discovery depositions can help your opponent in gathering details to bolster your case. The statements can be used in trial, as long as the statements are given under oath. Throughout the years, depositions have been documented by court reporters. However, written record of depositions left one crucial element out that can be beneficial during a trial—the ability to read body language. 

Fortunately, advancements in technology now allow for video depositions. A "yes" or "no" answer on paper usually doesn't have the same impact as a video recording of the deponent giving the answer. If you and your client are heading to a discovery deposition, here are a few important things to instruct your client to do. 

1. Dress Respectfully 

Since your client will be recorded on video, it's important for them to dress as they would when going to a courtroom. They should dress respectfully and appropriately but, at the same time, dress according to who they personally and professionally are. Instruct them to wear clothing that is comfortable so they will not fidget when they speak as doing so could be misconstrued as inappropriate body language. 

2. Avoid Caffeinated Beverages & Foods 

Caffeinated beverages and foods can have someone feeling anxious and on the edge of their seats, figuratively. Caffeine stimulates the central nervous system and can cause someone to have jitters, which can lead to nervous behaviors such as foot tapping, overuse of hand gestures, nail-biting, and an overall sense of nervousness that can easily mislead viewers of the video deposition to believe the deponent is not being truthful.

3. Drink Plenty of Water 

Instruct your client to drink plenty of water leading up to and including the day of the deposition. Dehydration is known to reduce cognitive function and motor skills. In fact, a study found that people who are dehydrated made the same number of mistakes as drunk drivers due to their reduced concentration capabilities and slowed reaction times. These types of behaviors can easily translate to body language that could make it appear that your client is lying or confused. 

4. Get a Good Night's Rest 

As difficult as it may be for your client, it's important for them to rest well the night before the deposition. Sleeplessness can cause your client to be unable to focus clearly on the questions they are being asked in the deposition. Sleeplessness can also cause them to be irritable and anxious, both of which could contribute to poor body language that may affect their deposition. 

To learn more, contact a company like Nashville's Media Services

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