Providing Proper Notice of a Videotaped Deposition

Under both the Tennessee and Federal Rules of Civil Procedure, a Rule 30 deposition notice must state the method by which the deposition will be recorded.  Moreover, under the Tennessee Rules, the subpoena issued to the deponent is subject to the requirements of Rule 30, including the requirement that the method of recordation be listed.

These may seem like innocuous procedural requirements, especially to the extent that a court reporter will, as usual, be the sole method of recordation.  However, where a deposition will be videotaped, failure to give proper notice to the other parties and/or to the deponent may open the door for objections to the videotape.  This is an unnecessary dispute that can be avoided simply by listing your intent to videotape in your Notice and, where appropriate, in your subpoena.  

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