VIDEOCONFERENCING LEGAL SERVICES

 

Videoconferencing and the USA

The use of videographers is now well established in the United States.  First used in 1970 in Pittsburgh, Allegheny County, Pennsylvania, videographers paved the way for videoconferencing. In 1993 Leroy Baker, a prisoner in North Carolina, was involuntarily committed to a psychiatric facility following a competency hearing conducted by means of videoconference.

In spite of subsequent appeals, based upon the manner of the testimony (i.e. by VC) the Federal Court upheld the decision.  A new term was coined and from 1998 Telepsychiatry and was approved by the American Psychiatric Association and videoconferencing was now on the agenda.

The June 2008 issue of the American Bar Association General Practice Solo and small firm division magazine, ran an excellent article on the advantages of using videoconferencing and associated technology in courts.  In addition to a comprehensive check list of how to ensure that the technology delivers for attorneys and court officials, it stated that ‘Technology-based evidence presentation is substantially faster than traditional methods, and many agree that it also does a better job of presenting information. Technology permits courtroom options not otherwise possible. For example, videoconferencing allows remote witness testimony as well as remote foreign language and American Sign Language interpretation. Some judges, especially those who preside in high-technology courtrooms, may even require technology for certain tasks.’

The Federal Rules of Evidence (Rules 1001 – 1007) and the Federal Rules of Civil Procedure (Rule 30(B)(4)) define and regulate the use of video evidence in Federal Court. District, State, and County Courts may adopt or modify these rules, or have separate rules of their own. The American Guild of Court Videographers (AGCV) has certified CDSC videographers in all forms of legal video, including depositions and testimony under oath, complying with the Federal Rules of Evidence and the Federal Rules of Civil Procedure and the rules of the court issuing the notice of deposition

An ideal research document is to be found in the University of Chicago Law Review, Vol. 74, No. 4, 2007.

For an American court using a videoconference to a non-USA based witness, the rules can differ slightly in each court.  Generally, the use of a court reporter is a uniquely USA role.  In most cases a witness will swear in under oath and the videoconference is seen as an extension of the court, thereby negating the need for a court reporter to be at each end. 

Finally, domestic videoconferencing within the USA is common place in the prison system.  From visits of loved ones to doctor appointments (telemedicine), videoconferencing is widespread with 26 states already using it to cut costs, save time and where necessary protect the visitor/doctor. This is, however, an area of increasing controversy. The driving force for many is the cost.  In 2008 the state of Arizona saved an estimated $237,000 by using videoconferencing, in Georgia 70% of psychiatric sessions are done via VC and in 2008 Connecticut installed VC equipment into all 18 of its state correctional facilities in readiness for expanding its usage. 

Professor at the University of California-Santa Cruz, Nancy Stoller, argues that the expanding use of telemedicine serves to isolate and disguise the needs of prisoners rather than aid in their treatment.  Whereas Alan Adams, the Director of the Office of Health Services for the Georgia Department of Corrections disagrees, stating that the technology adds a buffer to the meetings, thus allowing the prisoners to speak more freely.  This is one for the Psychologists and Psychiatrists.

What is a court reporter?

 Court reporters are almost but not entirely, an exclusively American role within the legal system. A court reporter is a person who takes notes, usually using a stenograph.  Using this machine the stenographer presses a variety of key which produce symbols which are then electronically recorded.  These symbols are then translated using computer-aided transcription, thus allowing for an accurate verbatim transcript of the deposition/testimony.

 A transcript is then produced which is entered into court documents as contemporaneous testimony. They may also be able to provide closed-captioning and real-time translating services for the deaf and hard of hearing. 

Another method of reporting is to use audio recording equipment.  This is as it sounds: the speakers are recorded, the court reporter listens to and then transcribes the recording. 

The third method is voice recording.  This is less often used and involves the court reporter speaking into a microphone mask.  The mask is such that the voice of the court reporter cannot be heard in the court.  All actions, expressions and speech is repeated into the microphone and later transcribed. 

Stenographers and voice-recorders must keep a dictionary of their key strokes so that translation by a third party is possible, should the written transcript be brought into question. They also usually develop an easy procedure for retrieval of files for clients and courts. 

Sometimes a CSR (Certified Shorthand Reporter) will be employed instead of a court reporter. In UK, Australian, New Zealand, Indian and many other non USA courts, a court reporter outside of the court is not required: the stenographer in the court takes the notes as if the witness at the far end were in the court. 

What is a videographer? 

Legal videographers are, again, almost exclusively American in their role.  They may also be called a Court or Forensic Videographer. They usually work in conjunction with a Court Reporter or Stenographer.  

In some instances, a videographer may be requested in addition to a court reporter and the recording of a deposition or court hearing taking place with videoconferencing.  

Outside of the United States it is possible to find videographers, Eyenetwork do from time to time assist in this.

 

Whatever your need, Eyenetwork can accommodate you.  We have facilities across the US and the rest of the world.  Or if you just need a connection we also have a US bridging service.