Deposition Testimony and the Surrogate Witness

Abstract

The present study tested the hypothesis that jurors' impressions of an absentee witness and his or her testimony are biased by the -individual who reads the deposition. A total of 88 undergraduates watched a videotape of testimony in which the respondent, presented as either the actual witness or a surrogate reader, displayed either a positive or negative demeanor. Results showed that the demeanor of the reader (an irrelevant cue), as well as the witness (a relevant cue), affected subjects' verdicts and perceptions of testimonial credibility. These findings illustrate a bias in social perception and persuasion that can be termed a "messenger effect." The implications for the increased use of videotaped depositions in the courtroom are discussed.