K_Z
Verified Anesthetist
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Impeaching a witness most certainly does not require a previously recorded video. Impeaching a witness can occur in numerous ways and they all go toward credibility.
As I stated in my comments in this quoted post, of course it is not "mandatory" to videotape a deposition. But I believe there is great value in videotaping the depositions. Particularly if a discrepancy that is being highlighted in court is being presented to a jury to impeach the witness. A videotape is received differently by a jury than a transcription. Body language, tone of voice, etc. are all valuable parts of communication, and help juries to distinguish between lies and truth. And so videotapes can cut both ways for plaintiff and defendant. A jury may view the witness as truthful, or not. How hard do you "fight" a request for videotaping a respondent/ defendant if you are their attorney??
But in the case of these 3 named defendants (Dina, Nina, and Adam), I believe it would be very powerful evidence to have their depositions videotaped. Videotaping should be a win-win situation, if the defendants are innocent. But if the defendants are guilty, a videotape can be unfavorable to their situation.
IIRC, they are each subject to an 8 hour deposition. I hope the Zahau attorneys file whatever motions are necessary to ensure that the named defendants (Dina, Nina, and Adam) are videotaped during their depositions.
One of the 3 defendants, Dina, should not, IMO, have any objections to being videotaped. At every opportunity in the past 2 years, Dina has sought out the spotlight, and media attention. She has freely given numerous interviews. She has made the rounds of cable TV talk shows, as well as local talk shows. She has coveted relationships with freelance print journalists to pursue the opportunity to speak more and more. She does not shy away from cameras or attention. Dina, IMO, should welcome the opportunity to preserve her deposition via videotape.