Trial preparation – video recording of depositions
My law practice is focused on commercial trucking accidents, personal injury and wrongful death cases for plaintiffs. As president of the State Bar of Georgia, I have many occasions to speak to groups, both in and out of my practice area. The following is excerpted from my presentation — “Trial Preparation: 30 tips in 30 Minutes” – at the Georgia Law of Torts seminar at Mercer University Law School in Macon on September 23, 2011.
12. Video recording of defendant depositions.
A party may videotape any deposition upon notice that it will be so recorded. OCGA 9-11-30 (b)(4); FRCP 30 (b)(3). A deposition of a party may be used by any adverse party for any purpose, including substantive evidence, without any foundation that the party is unavailable to testify, including reading or playing video of portions in the case in chief, not merely for impeachment. OCGA § 9-11-32(a); Fed.R.Civ.P. 32(a)(2); Griffin v. Bankston, 295 Ga.App. 387, 391, 671 S.E.2d 873, 877 (2008). See also, State Farm Mut. Auto. Ins. Co. v. Lincow, 715 F.Supp.2d 617, (E.D.Pa.,2010); Northfield Ins. Co. v. Royal Surplus Lines Ins. Co., 2003 WL 25948971 (C.D.Cal.,2003); In re McLaren, 136 B.R. 705 (Bkrtcy.N.D.Ohio,1992); Roark v. Rydell, 174 Ohio App.3d 186, 881 N.E.2d 333 (Ohio App. 1 Dist., 2007); Devenyns v. Hartig, 983 P.2d 63 (Colo.App.,1998); State v Metz, 241 A.D.2d 192, 671 N.Y.S.2d 79 (N.Y.A.D. 1 Dept.,1998); Matter of the Adoption of N.A.P., 23 Kan.App.2d 257, 930 P.2d 609 (Kan.App.,1996).
Therefore, in any substantial case give notice of video recording of defendant depositions, and request synchronization of stenographic transcript and video in DVT format that may be easily edited on your computer. Be extremely specific in communicating to the court reporter and videographer the request for synchronized video and transcript. Not less than a month before trial, prepare video clips of adverse parties to play in the case in chief at trial.