DEPOSITION VIDEOTAPING
(extracted and condensed* from
California Code of Civil Procedure section 2025)

The notice of taking deposition must include any intention to record the testimony by videotape in addition to recording the testimony by the stenographic method.

The notice must also include any intention to reserve the right to use a videotape deposition at trial.

The operator of the videotaping equipment shall be a person who is authorized to administer an oath, and shall not be financially interested in the action or be a relative or employee of any attorney of any of the parties.

Unless the parties agree or the court orders otherwise, the testimony, as well as any stated objections, shall be taken stenographically.

Any other party, at that party's expense, may make a simultaneous videotape recording of the deposition provided that other party, in no less than three calendar days before the deposition date, serves a written notice of this intention to videotape the deposition to the serving attorney, other attorneys, and the deponent.

If the deposition is being recorded by means of audio tape or video tape, the following procedure shall be observed:
(A) The area used for recording the deponent's oral testimony shall be suitably large, adequately lighted and reasonably quiet.

(B) The Operator of the equipment shall be competent to set up, operate, and monitor the equipment. If the videotape of deposition testimony is to be used for trial purposes, the operator of the recording equipment shall be a person who is authorized to administer an oath, and shall not be financially interested in the action or be a relative or employee of any attorney of any of the parties, unless all parties attending the deposition agree on the record to waive these qualifications and restrictions.

(C) The Operator shall not distort the appearance or the demeanor of participants in the deposition by the use of camera or sound recording techniques.

(D) The deposition shall begin with an oral or written statement on camera that includes the operator's name and business address, the name and address of the operator's employer, the date, time and place of the deposition, the caption of the case, the name of the deponent, a specification of the party on whose behalf the deposition is being taken, and any stipulations by the parties.

(E) Counsel for the parties shall identify themselves on camera or on the audiotape.

(F) The oath shall be administered to the deponent on camera or on the audiotape.

(G) If the length of the deposition requires the use of more than one videotape, the end of each tape and the beginning of each succeeding videotape shall be announced on camera.

(H) At the conclusion of the deposition, a statement shall be made on camera that the deposition is ended and shall set forth any stipulations made by counsel concerning the custody of the original videotape recording and the exhibits, or concerning other pertinent matters.

(I) A party intending to offer a videotape recording of a deposition in evidence shall notify the court and all parties in writing of that intent and of the parts of the deposition to be offered within sufficient time for objections to be made and ruled on by the judge to whom the case is assigned for trial or hearing, and for any editing of the tape. Objections to all or part of the deposition shall be in writing. The court may permit further designations or testimony and objections as justice may require. With respect to those portions of the videotaped deposition that are not designated by any party or that are ruled to be objectionable, the court may order that the party offering the recording of the deposition at trial prepare an edited version of the deposition videotape for use. The original videotape of the deposition shall be preserved unaltered. If no stenographic record of the deposition testimony has previously been made, the party offering the videotape of that testimony shall accompany that offer with a stenographic transcript from that recording.

Any party who videotapes deposition testimony shall promptly permit other parties to view the tape and furnish a copy of the tape to that other party on receipt of the reasonable cost of making that copy of the videotape.

If the testimony at the deposition is recorded both stenographically and by videotape, the stenographic transcript is the official record of that testimony for the purpose of the trial and any subsequent hearing or appeal.

For certification of record of oral deposition, the deposition officer shall certify on the transcript of the deposition, or in the writing accompanying a videotaped deposition (refer to paragraph (2) of subdivision (q) for details regarding this writing), that the deponent was duly sworn and that the transcript or recording is a true record of the testimony given and of any changes made by the deponent.

A videotape record of deposition testimony, including a certified tape made by the operator shall not be filed with the court. Instead, the operator shall retain the custody of that record and shall store it under conditions that will protect it against loss, destruction, or tampering, and preserve as far as practicable the quality of the tape and the integrity of the testimony and images it contains.

The attorney or operator who has custody of a videotape of deposition testimony shall retain custody of it until six months after final disposition of the action. At that time the videotape may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the tape be preserved for a longer period.

Any party may use a videotape deposition of a treating or consulting physician or of any expert witness even though the deponent is available to testify if the deposition notice reserved the right to use the deposition at trial.

* the author of this extract is not an attorney