Rule 30(h). Audio-visual and tape recorded depositions.
Rule 30(h). Audio-visual and tape recorded depositions. (1) (a) Any deposition may be recorded by audio-visual or tape recorded means without a stenographic record. Any party may make at the party's own expense a simultaneous stenographic, audio record or tape recording of the deposition. Upon the party's request and at the party's own expense, any party is entitled to an audio-visual or tape recorded copy of the deposition.
(b) If a deposition is taken by means of an audio-visual or tape recording, such recording is an official record of the deposition. A transcript prepared by any court reporter is also an official record of the deposition.
(c) On motion the court, for good cause, may order the party taking, or who took, a deposition by audio-visual or by tape recording to furnish, at the party's expense, a transcript of the deposition.
(2) An audio-visual or tape recorded deposition may be used for any purpose and under any circumstances in which a stenographic deposition may be used.
(3) The notice for taking an audio-visual or tape recorded deposition and the subpoena for attendance at that deposition must specify the means, either audio-visual or tape recording, by which the deposition will be taken.
(4) The following procedure must be observed in recording an audio-visual or tape recorded deposition:
(a) The deposition must begin with an oral or written statement on tape or camera which includes:
(i) the operator's name and business address;
(ii) the name and business address of the operator's employer;
(iii) the date, time and place of deposition;
(iv) the caption of the case;
(v) the name of the witness;
(vi) the party on whose behalf the deposition is being taken; and
(vii) any stipulation by the parties.
(b) Counsel shall identify themselves on camera or on tape.
(c) The oath must be administered to the witness on camera or on tape.
(d) If the length of a deposition requires the use of more than one recording unit, the end of each unit and the beginning of each succeeding unit must be announced on camera or on tape.
(e) At the conclusion of a deposition, a statement must be made on camera or on tape that the deposition is concluded. A statement may be made on camera or on tape setting forth any stipulation made by counsel concerning the custody of the audio-visual or the tape recording and exhibits or other pertinent matters.
(f) Depositions must be indexed by a time generator or other adequate indexing device.
(g) An objection must be made as in the case of stenographic depositions.
(h) If the court issues an editing order, the original audio-visual or tape recording must not be altered.
(i) Unless otherwise stipulated by the parties, the original audio-visual or tape recording of a deposition, any copy edited pursuant to an order of the court, and exhibits must be filed forthwith with the clerk of court.
(5) The reasonable expense of recording, editing, and using an audio-visual or tape recorded deposition may be taxed as costs as provided by law.
History: En. Sup. Ct. Ord. Oct. 9, 1984, eff. Oct. 9, 1984; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990.