All of the testimony and such other evidence as may be appropriate may be presented at a trial by video recording, subject to the provisions of the Rules of Superintendence.
Rule 40.Pre-Recorded Testimony
Last amended July 1, 2013 · Last verified July 1, 2026
In one sentenceRule 40 lets an entire trial's testimony and other evidence be presented by video recording rather than live, subject to the procedures the Ohio Supreme Court's Rules of Superintendence set out.
Full Text of Rule 40
Amendment History
Effective Date: July 1, 1972
Amended: July 1, 2013
Staff Note (July 1, 2013 Amendment)
Rule 40 is amended to reflect that modern technology now encompasses digital video recording. The amendment is intended to clarify that presentation by video, analog or digital, is permissible provided that the recording complies with the provisions of the Rules of Superintendence for the Courts of Ohio.
Plain-English Summary
Rule 40 is a single sentence that authorizes presenting all of a trial's testimony and other appropriate evidence by video recording, rather than only using recorded testimony for isolated depositions read into an otherwise live trial. The rule leaves the mechanics -- how objections are ruled on, how the recording is edited and certified, and how the trial is conducted -- to the Rules of Superintendence the Ohio Supreme Court has adopted for that purpose. A 2013 amendment updated the rule's terminology from videotape to video recording to reflect the shift from analog tape to digital formats.
Frequently Asked Questions
Does Rule 40 apply to using a single deposition at trial?
No. Rule 32 already governs using individual depositions as evidence. Rule 40 authorizes presenting an entire trial's testimony and evidence by video recording.
Who sets the procedure for a video-recorded trial?
The Ohio Supreme Court, through its Rules of Superintendence, which Rule 40 expressly makes the recorded trial subject to.
Why did Rule 40 change from videotape to video recording?
A 2013 amendment updated the terminology to reflect that trials are recorded using modern digital video technology rather than analog videotape.
Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the
official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 40). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: video recorded trialvideotape trialpre-recorded testimony