Rule BCR 800 Videotaped depositions
Baldwin's Kentucky Revised Statutes Annotated55th Judicial Circuit - Bullitt Circuit Court
KY RBUC Rule BCR 800
Rule BCR 800 Videotaped depositions
Videotaped depositions may be taken in actions pending in the Bullitt 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 recorded shall be operated by a person qualified to operate such recording equipment, who is to mark the recording with the style and number of action and the name of the witness and to file a certificate which identifies the said recording.
Video depositions shall be taken under the following conditions:
1. The party noticing the deposition shall provide the operator with a copy of JRP 1301. At the beginning of the taping of the deposition, the operator of the video camera shall focus on each attorney, party and witness present at the taking of the deposition, and such person shall be identified; or the operator may read a statement introducing by name parties to the litigation and the attorneys present without focusing on each person, at the election of the noticing party.
2. The camera shall remain stationary at all times during the deposition and shall not “zoom” in or out on the witness 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 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 a witness solely to give unfair or undue influence upon the words of the witness, and does not apply to the “zooming” in for other purposes described above.
4. The videotape itself shall be kept in the possession of the attorney taking the deposition and shall be available for the Court and any and all counsel to compare the stenographic transcript, if any, with the videotape transcript to view or to copy said videotape. If discrepancies appear between the stenographic transcript, if any, and the videotape recording, the discrepancies shall 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, shall be included in the agreement of counsel or ruling of the Court.
5. All objections shall be reserved and shall not be stated on the videotape except for objections relating to the form of the question. Objections to testimony on the videotape and the ruling thereof shall be resolved by agreement of counsel or ruling of the Court if counsel cannot agree. All objections relating to said depositions must be made at least ten (10) days before trial. An edited version shall be presented at trial.
6. Admissibility of the videotape may be objected to by any counsel if a review of the final videotape reveals any technical errors giving undue influence to the testimony of the witness which would unfairly prejudice the side objecting; or if the general technical quality of the videotape is so poor that its being viewed by the jury would be unfairly prejudicial to the side so objecting.
Credits
HISTORY: Amended effective October 31, 2007.
Bullitt Circuit Court Rule BCR 800, KY R BULLITT CIR CT Rule BCR 800
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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