In any case where a deposition taken pursuant to this article does not conform to the requirements for use of such deposition as provided in the rules of the Supreme Court, the expense of conforming the recording shall be borne by the proponent of the deposition.
§ 8.01-412.5.Costs.
Chapter 14. Evidence · Article 6.1. Uniform Audio-visual Deposition Act · Last amended 1984 · Last verified July 16, 2026
In one sentenceIf an audio-visual deposition taken under this article does not meet the requirements the Supreme Court’s rules set for using such a deposition, this section places the cost of fixing the recording so it can be used on the party who proposed to use it, not on the opposing side.
Full Text of § 8.01-412.5
Plain-English Summary
Not every recording comes out usable. If a deposition taken under this article fails to conform to the Supreme Court’s requirements for putting an audio-visual deposition to use — whether that is a technical defect, a missing on-camera element, or something else — someone has to pay to fix it before it can serve its purpose.
Section 8.01-412.5 puts that cost squarely on the proponent of the deposition — the party who wants to use it. That allocation makes sense: the party offering the recording as evidence has the incentive to get it right, and the opposing side should not have to subsidize the other party’s technical or procedural shortcomings.
Frequently Asked Questions
Who pays if an audio-visual deposition does not meet the requirements for being used at trial?
The proponent of the deposition bears the expense of conforming the recording to the requirements for its use.
What triggers this cost-shifting rule?
A deposition taken under this article that does not conform to the requirements for use of such a deposition as provided in the rules of the Supreme Court.
Does the opposing party ever have to share in these conforming costs?
No, the statute places the expense on the proponent of the deposition.
What counts as “the proponent” of the deposition under this section?
The section refers to the proponent of the deposition, generally understood as the party seeking to use the recording as evidence.
Does this section address costs for depositions that already conform to the requirements?
No, it applies only to the case where a deposition does not conform to the requirements for use, addressing who bears the cost of bringing it into compliance.
Amendment History
1983, c. 305; 1984, c. 95.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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