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Rule HCPR-185 Video depositions

Baldwin's Kentucky Revised Statutes Annotated26th Judicial Circuit - Harlan Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
26th Judicial Circuit - Harlan Circuit Court
KY RHCC Rule HCPR-185
Rule HCPR-185 Video depositions
(1) Subject to the usual requirements pertaining to depositions contained in CR 30.01, 30.02, 30.03 and 30.06 regarding matters such as: the giving of reasonable notice, including the time, date and place of the taking; when leave of the Court is required; the administering of the oath to witnesses; the marking of exhibits; the making of objections; etc., video depositions may be taken as a result of a stipulation between the parties or the Court may, upon motion, rule that the testimony at a deposition of a witness or witnesses be taken by video camera with adequate and operational audio function or capability. Any such order shall designate the person before whom the deposition shall be taken, the manner of the recording, preserving and filing of the deposition to be taken and may include other provisions to assure that the recorded testimony will be accurate and trustworthy. Either party may, at their respective expense, arrange to have a stenographic transcription made.
(2) The video deposition will be commenced with administration of the proper oath by the person operating the video recording device or camera, and the camera shall be directed at the witness during the taking of oath and at all times during his testimony, except for the purpose of being directed to any exhibits referred to or described by the witness during said testimony.
(3) “Zoom-in-shots” or “close-up-shots” alternating with regular shots shall only be made for the purpose of the examination of an exhibit, a demonstration of its features or functions, or to show any injuries, scars or identifying features of the witness (or if a doctor is testifying, the subject of his examination) which is the subject of the cause of action or relevant to the cause of action.
(4) All witnesses at a particular deposition session taken in the same action, shall testify from the same position (with proper background and from a comfortable seat or placement) and the camera taking said testimony shall be positioned in the same place for the taking of all such witnesses. Any “Zoom-ins” or “close-ups” or refocusing or camera readjustments, other than those described in subsection (2) or (3) above, are prohibited for fear that the same would be used to unduly flatter or to annoy, harass or to cast a witness in a less than favorable portrait, light or angle of view.

Credits

HISTORY: Amended effective September 7, 2010; prior amendment effective March 6, 2007.
Harlan Circuit Court Rule HCPR-185, KY R HARLAN CIR CT Rule HCPR-185
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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