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Rule 905 Telephonic and videotaped depositions

Baldwin's Kentucky Revised Statutes Annotated3rd Judicial Circuit - Christian Family Court

Baldwin's Kentucky Revised Statutes Annotated
3rd Judicial Circuit - Christian Family Court
Rule 9. Miscellaneous
KY RCCF Rule 905
Rule 905 Telephonic and videotaped depositions
A. Telephonic Depositions. A party may schedule a deposition in which the party, or any other participant in the deposition, may participate by telephone. In such cases, the following terms and conditions shall apply:
1. Notice of the intent for the party or other participant to participate in the deposition by telephone shall be given as part of the Notice of Deposition.
2. The Court Reporter shall be present at the same location as the deponent, unless otherwise agreed by the parties or ordered by the Court. If the parties are unable to agree regarding any of the terms and conditions of the proposed telephonic deposition, either party may seek leave of court to clarify the terms and conditions relating the taking of the deposition.
3. The transcript of the telephonic deposition may be used for any purpose permitted by the Rules of Civil Procedure for use of a deposition.
B. Videotaped Depositions. A party may videotape any deposition taken in a proceeding in this Court. The videotaping of depositions shall be subject to the following terms and conditions:
1. Notice of the intent to videotape the deposition shall be given as part of the Notice of Deposition.
2. The camera shall focus on the witness throughout the deposition and not on the person asking questions.
3. The camera shall remain stationary at all times during the deposition and shall not zoom in or out on the witness nor any other person present, except that the camera may zoom in when the witness is displaying exhibits or other pieces of demonstrative proof that can only be fairly and reasonably seen on the videotape by use of the camera zooming in on said evidence. The purpose of this provision is that the camera will not zoom in on the witness solely to give unfair or undue influence to the words of the witness.
4. The deposition may be transcribed by a qualified Court Reporter in addition to the videotape recording.
5. The original videotape shall be available for the Court and any and all counsel to compare the stenographic transcript with the video. If discrepancies appear between the stenographic transcript and the videotape recording, the discrepancies will be resolved by agreement of counsel or ruling of the Court if counsel cannot agree. The decision on the manner in which to handle the discrepancies, in so far as the videotape is concerned, will be included in the agreement of counsel or the ruling of the Court.
6. The videotape may be used for any purpose permitted by the Rules of Civil Procedure for use of a deposition. Use of the videotape may be objected to by any counsel if a review of the finished tape reveals any technical errors giving undue emphasis to the testimony of the witness, which would unfairly prejudice the side objecting, or if the general, technical quality of the tape is so poor that its being viewed by the Court would be unfairly prejudicial.

Credits

HISTORY: Adopted effective April 21, 2012.
Christian Family Court Rule 905, KY R CHRISTIAN FAM CT Rule 905
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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