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Videotaped Depositions of Nonparties

Videotaping depositions is now common in civil cases. It's (usually) much more effective to play a video of the witness testifying for the jury rather than to read the transcript. Most lawyers are accustomed to sending a notice of the deposition of a party to be videotaped. If you are planning to take a video deposition of a nonparty witness, though, remember that Tenn. R. Civ. P. 30.02(4)(B) also requires the subpoena specify that the deposition will be recorded, not just the deposition notice.

Written By:Robert Williamson(Construction Owners and Builders Law Blog) On November 25, 2005 05:59 PM

Your post inspired me to review materials I had put together on when to video and when not to video for a seminar presentation I gave last summer and to post on this topic myself. Some attorneys are reporting great success on using actors to read the depositions. What do you and your readers think about that?

Written By:Brandon Bass On November 28, 2005 01:56 PM

I have seen some actors give outstanding performances based on deposition transcripts and a description of the deponent. That said, I prefer seeing the actual witness, whose visual cues and body language may have an impact on the jury - positive or negative.