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Rule E Taking depositions by video tape

Baldwin's Kentucky Revised Statutes Annotated40th Judicial Circuit - Clinton, Cumberland and Monroe Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
40th Judicial Circuit - Clinton, Cumberland and Monroe Circuit Courts
Chapter III: Civil Proceedings
KY CCMC Rule E
Rule E Taking depositions by video tape
Either party may take any or all depositions by videotape or disk, with said depositions to be taken pursuant to the terms and conditions of the attached “Order Regarding Videotape Depositions”. However, only the cost of the stenographic transcript will be considered in assessing costs.
COMMONWEALTH OF KENTUCKY
40TH JUDICIAL CIRCUIT
__________CIRCUIT COURT
CASE NO.__________
COMMONWEALTH OF KENTUCKY
PLAINTIFF
VS
______________________________
DEFENDANT
ORDER FOR VIDEO DEPOSITION
The Plaintiff is hereby granted permission to take any depositions for proof by video. The video deposition to be taken shall be under the following protective provisions:
1. At the beginning of the taking of the deposition, the operator of the video camera will focus on each person present at the taking of the deposition and such person shall be identified to the jury. Thereafter, the camera will focus on the witness only, whether the interrogation be direct or cross examination.
2. The camera will remain stationary at all times during the deposition and will not “zoom” in or out on the witness or any other person present at the deposition excepting those times during the deposition 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 on the videotape or disk by use of the camera “zooming” in on said evidence. The purpose of this clause is so that the camera will not “zoom” in on the witness solely to give unfair or undue influence upon the words of the witness and does not apply to the “zooming in” for the other purposes described above.
3. The deposition will be stenographically transcribed in addition to the video recording.
4. The videotape or disk itself will be available for the Court and any and all counsel to compare the stenographic transcript with the videotape or disk transcript. If discrepancies appear between the stenographic transcript and the videotape or disk transcript recording, the discrepancies will be resolved by agreement of counsel or ruling of the Court if counsel cannot agree. The decision on the matter in which to handle the discrepancies insofar as the videotape or disk is concerned will be included in the agreement of counsel or ruling of the Court.
5. Testimony to which objections are sustained by the Court will be electronically erased, both as to image and to sound, from the videotape or disk. Objections which are overruled will be subject to further order of the Court as to whether the image and sound of the objection itself shall be presented to the jury.
6. Admissibility of the tape or disk may be objected to by any counsel if a review of the finished tape or disk 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 or disk is so poor that its being viewed by the jury would be unfairly prejudicial to the side so objecting.
7. Before presentation to the jury, the Court will instruct the jury that they give no more or no less weight to the testimony of the witness than if he was present in court testifying.

Credits

HISTORY: Effective March 29, 2004; September 22, 2010.
Clinton, Cumberland and Monroe Circuit Court Rule E, KY R CLINTON CIR CT Rule E
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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