Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.315 lets a party record a deposition on video without needing the court's permission or the other side's agreement, and sets the technical and procedural requirements -- from an on-camera timestamp to sealed storage after filing -- that make a video deposition usable in court.
(A)When Permitted. Depositions authorized under MCR 2.303 and 2.306 may be taken by means of simultaneous audio and visual electronic recording without leave of the court or stipulation of the parties, provided the deposition is taken in accordance with this rule.
(B)Rules Governing. Except as provided in this rule, the taking of video depositions is governed by the rules governing the taking of other depositions unless the nature of the video deposition makes compliance impossible or unnecessary.
(1)A notice of the taking of a video deposition and a subpoena for attendance at the deposition must state that the deposition is to be visually recorded.
(2)A video deposition must be timed by means of a digital clock or clocks capable of displaying the hours, minutes, and seconds. The clock or clocks must be in the picture at all times during the taking of the deposition.
(3)A video deposition must begin with a statement on camera of the date, time, and place at which the recording is being made, the title of the action, and the identification of the attorneys.
(4)The person being deposed must be sworn as a witness on camera by an authorized person.
(5)More than one camera may be used, in sequence or simultaneously.
(6)The parties may make audio recordings while the video deposition is being taken.
(7)At the conclusion of the deposition a statement must be made on camera that the deposition is completed.
(1)The person making the video recording must retain possession of it. The video recording must be securely sealed and marked for identification purposes.
(2)The parties may purchase audio or audio-visual copies of the recording from the operator.
(E)Filing; Notice of Filing. If a party requests that the deposition be filed, the person who made the recording shall
(1)file the recording with the court under MCR 2.306(F)(3), together with an affidavit identifying the recording, stating the total elapsed time, and attesting that no alterations, additions, or deletions other than those ordered by the court have been made;
(2)give the notice required by MCR 2.306(F)(3), and
(3)serve copies of the recording on all parties who have requested them under MCR 2.315(D) (2). A video deposition cannot be electronically filed with the court.
(1)A video deposition may not be used in a court proceeding unless it has been filed with the court.
(2)Except as modified by this rule, the use of video depositions in court proceedings is governed by MCR 2.308.
(3)A party who seeks to use a video deposition at trial must provide the court with either
(a)a transcript of the deposition, which shall be used for ruling on any objections, or
(b)a stipulation by all parties that there are no objections to the deposition and that the recording (or an agreed portion of it) may be played.
(4)When a video deposition is used in a court proceeding, the court must indicate on the record what portions of the recording have been played. The court reporter or recorder need not make a record of the statements in the recording.
(G)Custody of Video Deposition After Filing. After filing, a video deposition shall remain in the custody of the court unless the court orders the recording stored elsewhere for technical reasons or because of special storage problems. The order directing the storage must direct the custodian to keep the recordings sealed until the further order of the court. Video depositions filed with the court shall have the same status as other depositions and documents filed with the court, and may be reproduced, preserved, destroyed, or salvaged as directed by order of the court.
(H)Appeal. On appeal the recording remains part of the record and shall be transmitted with it. A party may request that the appellate court view portions of the video deposition. If a transcript was not provided to the court under subrule (F)(3), the appellant must arrange and pay for the preparation of a transcript to be included in the record on appeal.
(I)Costs. The costs of taking a video deposition and the cost for its use in evidence may be taxed as costs as provided by MCR 2.625 in the same manner as depositions recorded in other ways.
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
A deposition otherwise authorized under these rules can be recorded on video, with synchronized audio, without asking the court or the other parties first, so long as the recording follows this rule's requirements. Outside of those specific requirements, a video deposition follows the same rules as any other deposition, unless the video format itself makes a particular rule impossible or unnecessary to apply. The notice and any subpoena have to flag that the deposition will be recorded on video, the recording has to show a running digital clock throughout, and it has to open with an on-camera statement of the date, time, place, case name, and the attorneys present, and close with a statement that the deposition is finished. The witness is sworn in on camera, more than one camera can be used, and the parties can also make their own audio recording of the same proceeding.
Whoever operates the camera keeps the recording, securely sealed and marked for identification, though the parties can buy their own copies. If a party wants the deposition filed with the court, the recording has to be accompanied by an affidavit describing it, confirming the total time and that nothing has been altered beyond what the court ordered, plus notice to the other parties and copies to anyone who requested one; the video itself can't be filed electronically. A video deposition can't be used in a court proceeding until it's been filed, and using it works like using any other deposition, except that a party who wants to play it at trial has to give the court either a transcript for ruling on objections or a stipulation that no one objects to the portions being played, with the court noting for the record exactly what was shown. After filing, the recording stays in the court's custody, sealed, and if the case goes up on appeal, the recording travels with the record; a party who wants the appellate court to watch part of it can ask, though the appellant generally has to arrange and pay for a transcript if one wasn't already provided at trial.
Frequently Asked Questions
Do I need the other side's agreement to record a deposition on video?
No. A deposition otherwise authorized under these rules may be recorded by simultaneous audio and video without leave of court or stipulation of the parties, as long as it follows this rule's requirements.
What has to appear on camera during a video deposition?
A running digital clock showing hours, minutes, and seconds throughout, an opening statement of the date, time, place, case name, and attorneys present, the witness being sworn in, and a closing statement that the deposition is complete.
Can I use a video deposition at trial without a transcript?
Only if all parties stipulate that there are no objections and agree the recording (or an agreed portion) can be played. Otherwise, you need a transcript for the court to rule on any objections.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.315). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as:video deposition Michiganrecording a deposition Michiganusing video deposition at trial