Rule 413.Audio-Visual Recording of Deposition

Rule 413 supplements Rule 412 for depositions recorded on video.

Both records are official

Any deposition may be recorded by audio-visual means, but must also simultaneously be recorded as a stenographic record. And both the audio-visual recording and the transcript are official records of the deposition — neither is a mere convenience copy.

The noticing party bears the recording and transcribing costs. On request and at its own expense, any party is entitled to a transcript and an audio or audio-visual copy. The court may order a party taking a video deposition to furnish a transcript at that party's expense.

Use

An audio-visual recording may be used for any purpose and under any circumstance as a stenographic deposition may be used — so Rule 415 governs, and the video carries no additional restriction. The notice and the subpoena must both state that the deposition will be recorded by audio-visual means.

The on-camera procedure

The deposition opens with a statement on camera giving the operator's name and business address, the employer's name and address, the date, time and place, the caption, the party on whose behalf it is taken, and any stipulations. Each attorney identifies themselves on the record, and the administration of the oath must be audio-visually recorded. Where multiple recording units are used, the end of each and the beginning of the next is announced on camera, and a closing statement marks the conclusion. Recordings must be indexed by a time generator or another method the court specifies.

Objections are made as in a stenographic deposition. If the court orders editing for presentation, the original recording must not be altered. Unless the court orders otherwise, the original recording, any court-ordered edited version and the exhibits are maintained by the noticing attorney as a transcript would be — not filed.

The reasonable expense of recording, editing and using an audio-visual deposition may be taxed as costs under Rule 901.