Admissible Video Conference Recordings in Court

Depositions via video conference may or may not be admissible in court, depending on how you present your testimony. Considering this, it is important to make sure that your video conference recordings are accurate, and meet all the set standards.

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So what are the rules for video conference recordings in court?

Well, the court may allow you to use the recording of a video conference to preserve testimony. However, you have to plan adequately, considering that video conference recordings are not the same as typical video recordings made by a legal videographer – they have to meet certain specifications, and must possess particular features for the court to allow these recordings.

Therefore, for a video conference recording to be admissible in court, it must capture the sound and image from the conference, including any variations e.g. lags, static and delays. This is very important, since anything that may cause the testimony to appear erroneous, flawed, disjointed or inaccurate could make the video conference recording inadmissible.

Additionally, a video conference must comply with the Civil Rule 30 (b) (8) procedures that provide an outline for video recording of depositions and interrogations. The rule states that you may video record a deposition of any witness or party without leave of court if you have a written notice served to all parties involved not less than 20 days before the date of deposition.

The recording will in most cases require a court order for it to be admissible in court. Alternatively, you may request for a stipulation in order or a written notice before you can present your video conference recording. If your recording complies with all the requirements, it is highly likely that the court will find it admissible.

Most importantly, you must seek permission from the court to conduct a deposition using video conference recording in accordance with Civil Rule 30 (b) (4) and Civil Rule 30 (b) (7). Moreover, both parties should have a formal agreement in any provision that clearly designates the person who will take the deposition before the court proceedings commence. This is a requirement according to Civil Rule 30 (b) (4).

Previously, it was somehow difficult for courts to allow depositions via video conference recordings. Fortunately, this is no longer the case. Following changes in the law, video conferencing with witness is now a viable option. You just need to follow the rules for your recordings to be admissible in court.  

So why are video conference recordings popular in most courts?

 Using video conference recordings in court is not only convenient, but also cost effective. It can go a long way to improve the process of administering justice, and saving on costs spent on bringing witnesses to court for deposition and interrogation. You therefore need to ensure that your video conference recordings comply with all the rules and requirements. In addition, all parties involved in the case must agree to the use of this type of technology before the commencement of court proceedings.


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