(a) Authorization of Audio-Visual Depositions.
(1) Any deposition upon oral examination may be recorded by audio or audio-visual means without a stenographic record. Any party may make at the party’s own expense a simultaneous stenographic or audio record of the deposition. Upon request and at the expense of the requesting party, any party is entitled to an audio or audio-visual copy of the audio-visual recording.
(2) The audio or audio-visual recording is an official record of the deposition. A transcript prepared in accordance with Rule 30(c) is also an official record of the deposition.
(3) On motion for good cause the court may order the party taking, or who took, a deposition by audio or audio- visual recording to furnish at that party’s expense a transcript of the deposition.
(b) Use. An audio or audio-visual deposition may be used for any purpose and under any circumstances in which a stenographic deposition may be used.
(c) Notice. The notice for taking an audio or audio-visual deposition and the subpoena for attendance at that deposition must state that the deposition will be recorded by audio or audio-visual means. If a court reporter will not be used to record the deposition, the notice must also state this fact.
(d) Procedure. The following procedure must be observed in recording an audio or audio-visual deposition:
(1) The deposition must begin with an oral statement which includes:
(A) the operator’s name and business address;
(B) the name and business address of the operator’s employer;
(C) the date, time, and place of the deposition;
(D) the caption of the case;
(E) the name of the witness;
(F) the party on whose behalf the deposition is being taken; and
(G) any stipulations by the parties.
(2) Counsel shall identify themselves on the recording.
(3) The oath must be administered to a witness on the recording.
(4) The videotaped deposition shall depict the witness in a waist-up shot, seated at a table. The camera and lens shall not be varied except as may be necessary to follow natural body movements of the witness or to present exhibits or describe evidence that is being used during the deposition.
(5) If the length of the 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 the recording.
(6) At the conclusion of the deposition, a statement must be made on the recording that the deposition is concluded. A statement may be made on the recording setting forth any stipulations made by counsel concerning the custody of the recording and exhibits or other pertinent matters.
(7) Audio depositions must be indexed by a brief written log notation of the recorder counter number at the beginning of each examination whether direct, cross, redirect, etc. The log must be attached to the tape.
(8) Audio-visual depositions may be indexed by a time generator or similar method.
(9) An objection must be made as in the case of stenographic depositions.
(10) Unless otherwise stipulated by the parties, the original audio or audio-visual recording of a deposition shall be held by the party noticing the deposition.
(11) If the court issues an editing order, the original audio or audio-visual recording must not be altered.
(e) Costs. The reasonable expense of recording, editing, and using an audio or audio-visual deposition may be taxed as costs.
(f) Standards. The Administrative Director may establish standards for audio or audio-visual equipment and guidelines for taking and using audio or audio-visual depositions. Incompatible audio or audio-visual recordings must be conformed to the standards at the expense of the proponent. Conformed recordings may be used as originals.
(SCO 734 effective December 15, 1986; amended by SCO 990 effective January 15, 1990; and by SCO 1153 effective July 15, 1994)
A deposition may be recorded by audio or video without a stenographic record, and either recording counts as the deposition's official record just as a written transcript would; any party may also arrange a simultaneous stenographic or audio record at their own expense, and a requesting party is entitled to a copy of the audio-visual recording at their own cost. On a showing of good cause, the court can order the party who took an audio or video deposition to pay for a transcript. The notice for an audio or video deposition must say so, and must say if no court reporter will be present.
The rule spells out a detailed recording procedure: an opening statement identifying the operator, the case, the witness, the party taking the deposition, and any stipulations; counsel identifying themselves and the oath being administered on the recording; a waist-up camera shot of the witness that doesn't vary except to follow natural movement or show an exhibit; announcements when recording switches to a new tape or unit; a closing statement that the deposition is concluded; and an index of each examination's starting point on the recording. Objections are made just as in a stenographic deposition, and unless the parties agree otherwise, the party who noticed the deposition keeps the original recording, which can't be altered once a court orders it edited. The reasonable cost of recording, editing, and using the deposition may be taxed as costs, and the Administrative Director may set technical standards for the equipment used.