Things You'll Need:
- Video camera
- Tripod
- At least 2 mics
- Plenty of video tape
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Step 1
Insure solid technical quality. Make sure that you have enough light to see your subject’s face and that you have separate microphones for both the questioner and the person deposed. Your camera should be on a tripod locked down. A medium close up works best. Be sure to have enough tape to cover the entire length of the session. You will not be editing. Run your audio and lighting tests, then hit record. Any technical data necessary to play back the tape, such as record speed and format, should be included with the tape.
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Step 2
If the deposition takes more than 1 tape, or if the recording is interrupted, the end of one section or tape, this fact should be announced. Upon resuming that fact must be announced as well. The video tape should permanently record the hours, minutes, seconds and date.
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Step 3
Begin each deposition with the following information: On camera, one of the attorneys or the camera operator should state the cameraperson’s name and address, the date, time and place of the deposition and the party on whose behalf the deposition is being taken. The officer of the court who is taking the deposition next identifies himself and swears the witness on camera.
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Step 4
As soon as the deposition is finished, that fact should be announced on camera. As soon as possible, the witness should examine the tape for accuracy, unless the witness waives his or her right to do so in writing.
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Step 5
The officer of the court who takes the deposition must include a written statement with the tape that the videotape is a true and faithful record of the proceedings and that the witness was fully sworn in.
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Step 6
If after examination no objections are forthcoming from any of the parties involved, the deposition may be filed with the clerk of court who will give a receipt for the tape and insure storage in a secure location.
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Step 7
If any objections are made, the court may review the tape, or an audio dub or transcript and require editing of the tape prior to showing in court. The court will make its decision before the date of the trial. The party behind the deposition is responsible for supplying equipment to view the deposition in court. All costs for videotaping shall be covered by the party who served notice for the deposition.
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Step 8
If there is an appeal, the audio and video elements of the tape will be transcribed in the same manner as other court testimony. The tape shall remain part of the trial’s original court record. The party behind the deposition can request that the appellate court review the original tape.
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Step 9
The cost of videotaping shall be borne by the party who served the notice of the deposition.
