8.01-412.4 - Procedure.

§ 8.01-412.4. Procedure.

The taking of audio-visual depositions shall be in accordance with the rulesof the Supreme Court generally applicable to depositions. However, thefollowing procedure shall be observed in recording an audio-visual deposition:

The deposition must begin with an oral or written statement on camera whichincludes (i) each operator's name and business address or, if applicable, theidentity of the video conferencing or teleconferencing proprietor andlocations participating in the video conference or teleconference; (ii) thename and business address of the operator's employer; (iii) the date, timeand place of the deposition; (iv) the caption of the case; (v) the name ofthe witness; (vi) the party on whose behalf the deposition is being taken;(vii) with respect to video conferencing or teleconferencing, the identitiesof persons present at the deposition and the location of each such person;and (viii) any stipulations by the parties.

In addition, all counsel present on behalf of any party or witness shallidentify themselves on camera. The oath for witnesses shall be administeredon camera. If the length of a deposition requires the use of more than onerecording unit, the end of each unit and the beginning of each succeedingunit shall be announced on camera. At the conclusion of a deposition, astatement shall be made on camera that the deposition is concluded. Astatement may be made on camera setting forth any stipulations made bycounsel concerning the custody of the audio-visual recording and exhibits orother pertinent matters.

All objections must be made as in the case of stenographic depositions. Inany case where the court orders the audio-visual recording to be edited priorto its use, the original recording shall not be altered but shall bemaintained as is.

Unless otherwise stipulated by the parties, the original audio-visualrecording of a deposition, any copy edited pursuant to an order of the court,and exhibits shall be filed with the clerk of the court in accordance withthe rules of the Supreme Court.

(1983, c. 305; 1993, c. 208; 2000, c. 821.)