Closing arguments are one of the most important moments in a trial.
After all the witnesses have testified and all the evidence has been presented, each side has an opportunity to explain to the jury what the evidence shows and what conclusions should be drawn from it.
Lawyers are generally given wide latitude during closing arguments. They may discuss the evidence presented at trial and argue for the reasonable inferences jurors should draw from it.
But an interesting question sometimes arises in modern trials:
Can lawyers replay video deposition clips during closing arguments?
The General Rule
In many jurisdictions, courts have recognized that replaying portions of deposition testimony during a closing argument may be permissible.
The key requirement is that the video excerpts must already have been properly presented to the jury during the trial itself.
Closing argument is not the time to introduce new evidence. Instead, it is the time to discuss and interpret evidence that the jury has already seen or heard.
If a deposition video clip was played during the trial—for example, to impeach a witness—courts often allow lawyers to refer to that testimony again in their closing presentations.
Why Courts Allow It
Allowing limited replay of video testimony can help jurors recall important evidence.
Trials can last days or even weeks. By the time closing arguments begin, jurors may have heard hours of testimony from many different witnesses.
Replaying short excerpts can help focus the jury’s attention on key testimony and illustrate the points the lawyer is making.
For example, a lawyer might replay a brief portion of deposition testimony in which a witness makes a statement that conflicts with what the witness said at trial.
Seeing the two statements side by side can help jurors evaluate credibility.
Judicial Oversight
Even though courts often allow this practice, judges closely supervise how it is done.
Trial courts generally retain discretion to determine:
- whether video excerpts may be replayed
- How long the excerpts may be
- whether they fairly represent the witness’s testimony
Judges may also require lawyers to identify the clips they intend to use before playing them for the jury.
This oversight helps ensure that the closing argument remains fair and accurate.
In the next article, we will look at the safeguards courts use to prevent video evidence from being misused during closing arguments.
