(a) When Depositions May Be Taken by Audio-Visual Means. — Any depositions permitted under these Rules may be taken by audio-visual means including, but not limited to, videoconferencing and teleconferencing, as authorized by and when taken in compliance with law.
Rule 4:7A.Audio-Visual Depositions.
Part Four: Pretrial Procedures, Dispositions and Production at Trial · Last amended 2024 · Last verified July 16, 2026
In one sentenceRule 4:7A authorizes depositions by video or teleconference, sets the on-camera procedures for identifying participants and administering the oath, restricts editing of the recording, and makes an audio-visual deposition usable for any purpose a stenographic deposition could serve.
Full Text of Rule 4:7A
(b) Procedure. — (1) The deposition must begin with an oral or written statement on camera which includes (i) each operator's name and business address or, if applicable, the identity of the video conferencing or teleconferencing proprietor and locations participating in the video conference or teleconference; (ii) the name and business address of the operator's employer; (iii) the date, time and place of the deposition; (iv) the caption of the case; (v) the name of the witness; (vi) the party on whose behalf the deposition is being taken; (vii) with respect to video conferencing or teleconferencing, the identities of persons present at the deposition and the location of each such person; and (viii) any stipulations by the parties; and (2) In addition, all counsel present on behalf of any party or witness must identify themselves on camera. The oath for witnesses must be administered on camera. If the length of a deposition requires the use of more than one recording unit, the end of each unit and the beginning of each succeeding unit must be announced on camera. At the conclusion of a deposition, a statement must be made on camera that the deposition is concluded. A statement may be made on camera setting forth any stipulations made by counsel concerning the custody of the audio-visual recording and exhibits or other pertinent matters; and (3) All objections must be made as in the case of stenographic depositions.
(c) Editing. — No audio-visual deposition may be edited except pursuant to a stipulation of the parties or pursuant to order of the court and only as and to the extent directed in such stipulation and/or order. In any case where the parties stipulate or the court orders the audio-visual recording to be edited prior to its use, the original recording may not be altered and the editing must be done on a copy or copies.
(d) Recording and Transcription. — (1) Any deposition may be recorded by audio-visual means without a stenographic record. The audio-visual recording is an official record of the deposition. A transcript prepared by a court reporter will also be deemed an official record of the deposition. Any party may make, at its own expense, a simultaneous stenographic or audio record of the deposition. Upon request and at his own expense, any party is entitled to an audio or audio-visual copy of the audio-visual recording.
(2) If an appeal is taken in the case, the appellant must cause to be prepared and filed with the clerk a written transcript of that portion of an audio- visual deposition made a part of the record in the trial court to the extent germane to an issue on appeal. The appellee may designate additional portions to be so prepared by the appellant and filed.
(e) Use. — An audio-visual deposition may be used for any purpose and under any circumstances in which a stenographic deposition may be used.
(f) Submission to the Witness; Changes; Signing. — A stenographic deposition transcript prepared for an audio-visual deposition is subject to the provisions of Rule 4:5(e), but Rule 4:5(e) does not apply to the audio-visual recording itself. The other provisions of Rule 4:5 apply to the extent practicable.
Plain-English Summary
Rule 4:7A brings video and teleconferenced depositions into the same framework as traditional stenographic ones. Any deposition otherwise allowed under these rules may be taken by audio-visual means, as long as it complies with applicable law. The deposition must open with an on-camera statement identifying the operator, the conferencing provider and locations if applicable, the date and case, the witness, the party taking the deposition, everyone present and their location, and any stipulations; counsel must identify themselves on camera as well, and the oath is administered on camera. Recording-unit changes and the deposition’s conclusion get announced on the record, and objections proceed exactly as they would in a stenographic deposition.
The recording itself cannot be edited except by stipulation or court order, and even then only on a copy, never the original. The audio-visual recording is an official record of the deposition on its own, though a court reporter’s transcript is equally official if one is made; any party may pay to create a simultaneous stenographic or audio record, and any party may request a copy at their own expense. An audio-visual deposition may be used for any purpose a stenographic one could serve, and if a portion of it becomes part of the appellate record, the appellant must have a written transcript of that portion prepared and filed.
Where a stenographic transcript is prepared for an audio-visual deposition, the witness-review and signing procedure of Rule 4:5(e) applies to that transcript, though not to the underlying recording; the rest of Rule 4:5 applies as far as practicable, including filing under Rule 4:5(f)(1) unless the parties or the court direct otherwise.
Frequently Asked Questions
Can a deposition be taken by video in Virginia?
Yes. Rule 4:7A(a) authorizes audio-visual depositions, including by videoconferencing and teleconferencing, when taken in compliance with law.
What has to happen on camera at the start of a video deposition?
An on-camera statement identifying the operator, the date, case, and witness, the party taking the deposition, everyone present and their location, and any stipulations, followed by counsel identifying themselves and the oath being administered on camera (Rule 4:7A(b)).
Can an audio-visual deposition recording be edited?
Only by stipulation of the parties or court order, and even then only on a copy — the original recording may never be altered (Rule 4:7A(c)).
Is a video deposition as usable in court as a regular stenographic one?
Yes. Rule 4:7A(e) states an audio-visual deposition may be used for any purpose and under any circumstances a stenographic deposition could be used.
What happens if a video deposition is used on appeal?
The appellant must have a written transcript prepared and filed for the portion made part of the trial record that is relevant to an issue on appeal, and the appellee may designate additional portions (Rule 4:7A(d)(2)).
Amendment History
Last amended by Order dated June 21, 2024; effective August 20, 2024.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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