A Court order is required before taking a deposition by other than stenographic means
(i.e., without the use of a stenographic record). However, a prior order is not required to record a
deposition both on video and stenographically. In the latter circumstance, the following
procedures apply:
(a) The deposition notice shall state that the deposition will be recorded both stenographically
and on video. At the deposition, the camera operator shall be identified. An employee of
the attorney who noticed the deposition may act as the camera operator.
(b) The camera shall be directed at the witness at all times showing a head and shoulders
view, except that close-up views of exhibits are permitted where requested by the
questioning attorney.
(c) Prior to trial, counsel for the party seeking to use the video deposition shall approach
opposing counsel and attempt to resolve voluntarily all objections made at the deposition.
(d) The party seeking to use the video deposition at trial shall submit unresolved objections to
the Court by way of a motion in limine. The motion may be made at any time after the
deposition, but shall be made no later than seven (7) days before trial or any earlier
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deadline established by Court order. The objected-to portion(s) of the transcript shall be
annexed to the motion papers.
(e) In accordance with the Court’s ruling on objections, the party seeking to use the video
deposition shall notify opposing counsel of the transcript pages and line numbers the party
plans to delete from the video. The party seeking to use the video shall then edit the tape
accordingly, and shall bear the expense of editing. If the Court overrules an objection
made during the deposition, the objection need not be deleted. If requested, the Court will
give an instruction at the time the video is shown regarding objections heard on the video.
(f) At least three (3) days before showing the video, the party seeking to use the video
deposition at trial shall deliver a copy of the edited video to opposing counsel. Opposing
counsel may then object only if the edited version does not comply with the Court’s ruling
and counsels’ agreement, or if the video’s quality is such that it will be difficult for the jury
to understand. Such objections, if any, must be made in writing and served at least twenty-
four (24) hours before the video is to be shown.
(g) The party seeking to use the video deposition should attempt to utilize a storage format
compatible with the Court’s display equipment. A party utilizing an incompatible format
must provide the equipment necessary to display the video in Court.
