Rule E Taking depositions by video tape
Baldwin's Kentucky Revised Statutes Annotated57th Judicial Circuit - Russell and Wayne Circuit Court
KY RRWC Rule E
Rule E Taking depositions by video tape
Either party may take any or all depositions by video tape, 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 |
57th JUDICIAL CIRCUIT |
__________ CIRCUIT COURT |
CASE NO._______________ |
PLAINTIFF(S) |
VS. | ORDER FOR VIDEO DEPOSITION | |
DEFENDANT(S) | ||
******************* |
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 except 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 video tape 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.
(4) The videotape itself will be available for the Court and any and all counsel to compare the stenographic transcript with the videotape transcript. 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 insofar as the videotape 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 picture and to sound - from the videotape. Objections which are overruled will be subject to further order of the Court as to whether the picture and sound of the objection itself shall be presented to the jury.
(6) Admissibility of the tape 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 jury would be unfairly prejudicial to the side so objecting.
Credits
HISTORY: Amended effective April 21, 2003.
Russell and Wayne Circuit Court Rule E, KY R RUSSELL CIR CT Rule E
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document |