The notice for taking an audio-visual deposition and the subpoena for attendance at that deposition shall state that the deposition will be recorded by audio-visual means.
§ 8.01-412.3.Notice of audio-visual deposition.
Chapter 14. Evidence · Article 6.1. Uniform Audio-visual Deposition Act · Last amended 1983 · Last verified July 16, 2026
In one sentenceThis provision requires that both the notice for taking a deposition and the subpoena compelling attendance at it state, up front and in plain terms, that the deposition will be recorded by audio-visual means rather than only by a stenographer, so no witness or party is caught off guard by a camera.
Full Text of § 8.01-412.3
Plain-English Summary
Nobody should walk into a deposition surprised to see a camera running. Section 8.01-412.3 makes sure that does not happen by requiring advance notice: both the notice for taking the deposition and the subpoena compelling attendance must state that the deposition will be recorded by audio-visual means.
The rule is a small procedural safeguard, but it matters. A witness or party preparing for a deposition may behave, dress, or prepare differently knowing the session is being video recorded rather than only transcribed by a stenographer, and this section makes sure that expectation gets set before the deposition begins, not after.
Frequently Asked Questions
Does the other side have to tell me in advance if my deposition will be video recorded?
Yes, the notice for taking the deposition must state that it will be recorded by audio-visual means.
Does the subpoena also have to mention the audio-visual recording?
Yes, the subpoena for attendance at the deposition must likewise state that the deposition will be recorded by audio-visual means.
What happens if the notice fails to mention the recording?
The statute’s text requires that the notice and subpoena state the recording method; it does not itself spell out a remedy for noncompliance.
Does this section apply to every kind of deposition?
It applies specifically to depositions taken under the Uniform Audio-Visual Deposition Act, where audio-visual recording is being used.
Is this requirement satisfied by a general reference to “deposition,” or must it specifically mention audio-visual recording?
The statute requires the notice and subpoena to state that the deposition “will be recorded by audio-visual means,” calling for that specific disclosure.
Amendment History
1983, c. 305.
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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