Recorded deposition testimony can take on a completely different meaning when played in front of a jury—especially if it replaces a live witness entirely. In a recent article for the American Bar Association’s The Brief, Condon & Forsyth partner Anthony Battista and associate William de Wolff break down the shifting strategic and procedural grounds for using video testimony.
The article, “Trial by Ambush: Using Deposition Video to Change the Trial Landscape and Replace Live Testimony,” explains why litigators must look beyond the deposition room and offers valuable tips for witness preparation and trial strategy. It is essential reading for lawyers navigating the evolving role of video evidence at trial.
“Trial by Ambush: Using Deposition Video to Change the Trial Landscape and Replace Live Testimony,” American Bar Association, The Brief, v. 55, no. 4 (Summer 2026).