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Rule 1201 Videotaped/DVD depositions

Baldwin's Kentucky Revised Statutes Annotated30th Judicial Circuit - Jefferson Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
30th Judicial Circuit - Jefferson Circuit Court
Rule 12. Videotaped/DVD Depositions
KY JPR Rule 1201
Rule 1201 Videotaped/DVD depositions
Currentness
Videotape/DVD depositions may be taken in actions pending in the Jefferson Circuit Court and shall be taxed as costs. Notice to take depositions shall be in accordance with the Rules of Civil Procedure. At the deposition, the videotape recorder shall be operated by a person qualified to operate it. The videographer shall mark the recording with the style and number of the action and the name of the witness and shall file a certificate which identifies the recording.
Electronic depositions shall be taken under the following conditions;
1. The party noticing the deposition shall provide the videographer with a copy of JRP 1201. At the beginning of the proceedings, the videographer shall either focus on and identify each attorney, party and witness present at the taking of the deposition or read a statement introducing by name the parties to the litigation and the attorneys present without focusing on each person.
2. The camera will remain stationary at all times during the deposition and will not “zoom” in or out on the witness excepting those times when the witness is displaying, for the jury's viewing, exhibits or other pieces of demonstrative proof that can only be fairly and reasonably seen by “zooming” in. The-camera will not “zoom” in on a witness solely to give unfair or undue influence to the witness' words.
3. A stenographic transcript, in addition to the recording, will not be necessary. Any party may obtain a transcript at the party's cost.
4. The recording itself will be kept in the possession of the attorney taking the deposition and will be available for comparison, viewing or copying. If discrepancies appear between the stenographic transcript, if any, and the recording, the discrepancies will be resolved by agreement of counsel or ruling of the Court. The decision on the manner in which to handle the discrepancies will be included in the agreement of counsel or ruling of the Court.
5. All objections will be reserved and shall not be stated on the recording except for objections relating to the form of the question. Objections to testimony on the recording and the ruling thereof will be resolved by agreement of counsel or ruling of the Court. All objections relating to video depositions must be made at least ten (10) days before trial. An edited version shall be presented at trial.
6. Any party may object to the video's admissibility if playing it would unfairly prejudice the party because the quality of the video is so poor or if a review of the video reveals any technical errors giving undue influence to the testimony of the witness.

Credits

HISTORY: Amended effective July 11, 2006; approved January 21, 1999; for effective date provision, see Rule 102.
Jefferson Circuit Court Rule 1201, KY R JEFFERSON CIR CT Rule 1201
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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