AV Technology and Case Strategy

Part 2 of a 3-part series on how the pandemic changed the litigation process.

The use of audiovisual technology is on the rise, including in litigation. With the increased adoption of remote depositions, video capture of testimony and associated exhibits, litigators can leverage AV evidence more efficiently in their cases. Today, we are all exposed to short form AV content on YouTube, Instagram and other sources and are comfortable receiving and retaining information this way.

Leveraging AV evidence requires expertise, tools for merging this technology with the current litigation process and service providers that can acquire, produce and manage the content.

Audiovisual Content
AV-based evidence in litigation can provide a material advantage in your case. The effect on litigation is game changing, considering the visceral impact and memory retention rate of AV versus textual content. Visual aids can help make evidence understandable, impactful and memorable. And, according to a recent study published in 2021, there is substantial evidence of audiovisual learning resulting in a higher memory recall than just visual alone, as multimodal learning is more effective for memory retention.

According to Janet Hoffman and Associates in “Visual Advocacy and the Effective Use of Demonstrative Evidence at Trial,” it is shown that people learn more efficiently with all of their senses engaged. Therefore, the parties will be more receptive and retain more when presented with a multimedia format rather than a simple narrative.

Today, the most common AV content in litigation is video of witness testimony, whether as part of an examination or an expository artifact such as a “day in the life” video for the purpose of demonstrating the human impact in a case.

Increasingly, artifacts such as physical site inspections and aerial videography of a facility are being used. Emerging AV content will become even more prevalent over the next few years as tools such as 3D modeling and interactive virtual-reality tours become more common. Imagine the power of an argument that is based upon the participants virtually walking around a site or peering within the inner workings of a machine that was captured in evidence.

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