When it comes to deposition via video conference, what are the rules for when you’re in court? Having the proper testimony is admissible if you do it the right way. Doing it the wrong way can be a recipe for disaster and lead to your findings being found inadmissible by the court– not a great way to start the day.
When it comes to video conference recording, it can all go smoothly if you plan ahead. If you arrange for the recording of a video conference, you may be allowed to use it to preserve testimony– again, all if you plan ahead. These types of recordings are not the same as video recordings that have been made by a completely legal videographer, so there can be complications as there are often exact requirements for them.
A video conference recording has to have these following features. They will capture the image and sound from the conference– this includes any variations such as static, lags, or delays. Anything that is going to cause the testimony to appear inaccurate, flawed, or disjointed may not be allowed.
A video conference must also follow the procedures that are outlined according to the Civil Rule 30 (b)(8). In addition, you may find it helpful to know that a video conference recording will likely require a court order or stipulation in order to be admitted in court. However, if you have all of your ducks in a row, your video conference will likely be admitted. Be aware!
Using this type of technology can save costs and even be quite convenient. However, both parties should agree to the use before it goes ahead and the Court’s permission should be obtained to conduct a deposition in this manner, according to Civil Rule 30 (b)(4) and Civil Rule 30 (b)(7). They should also have an agreement in any stipulation that designates who the deposition is taken before, according to Civil Rule 30(b)(4). When video conferencing with witnesses, follow these rules and you likely will be fine. Thanks for reading, and good luck!