If a party in a personal injury (or any) lawsuit in Florida wants to take a deposition, it must be stated it the notice of taking deposition, in addition to the name and address of the operator.1 Justin has heard other personal injury attorneys in Florida ask whether an attorney may be the operator for a deposition which the lawyer represents one of the parties in. We believe the answer is yes based on the practice in Florida in addition to rulings by Florida courts such as one which ruled videotaped deposition of attempted murder victim was admissible, though prosecuting attorney operated video equipment, in that court reporter who was present at deposition and who completed her own independent record of deposition , could authenticate videotape. State v. Wells, App. 2 Dist., 538 So.2d 1292 (1989). Soon we will add a Notice of Taking Videotaped Deposition. According to our Fee contract, the costs of the deposition is subtracted from the total personal injury recovery after the attorney’s fees are taken out. Attorney Ziegler is reimbursed for any videotaped deposition costs which we outlay.
1 Beekie v. Morgan, 751 So.2d 694, 696-7 (Fla. 5th DCA 2000)
In personal injury lawsuits, accident Lawyer Justin Ziegler may choose to videotape depositions according to Florida Rule 1.310 Subdivision (b) which states:
(4) Any deposition may be recorded by videotape without leave of the court or stipulation of the parties, provided the deposition is taken in accordance with this subdivision.
(A) Notice. A party intending to videotape a deposition shall state in the notice that the deposition is to be videotaped and shall give the name and address of the operator.
(B) Stenographer. Videotaped depositions shall also be recorded stenographically, unless all parties agree otherwise.
(C) Procedure. At the beginning of the deposition, the officer before whom it is taken shall, on camera: (i) identify the style of the action, (ii) state the date, and (iii) swear the witness.
(D) Custody of Tape and Copies. The attorney for the party requesting the videotaping of the deposition shall take custody of and be responsible for the safeguarding of the videotape, shall permit the viewing of it by the opposing party, and, if requested, shall provide a copy of the videotape at the expense of the party requesting the copy.
(E) Cost of Videotaped Depositions. The party requesting the videotaping shall bear the initial cost of videotaping.
Committee Notes
1988 Amendment. The amendments to subdivision (b)(4) are to provide for depositions by videotape as a matter of right.The notice provision is to ensure that specific notice is given that the deposition will be videotaped and to disclose the identity of the operator. It was decided not to make special provision for a number of days’ notice.
The requirement that a stenographer be present (who is also the person likely to be swearing the deponent) is to ensure the availability of a
transcript (although not required). The transcript would be a tool to ensure the accuracy of the videotape and thus eliminate the need to establish other procedures aimed at the same objective (like time clocks in the picture and the like). This does not mean that a transcript must be made. As at ordinary depositions, this would be up to the litigants.
Technical videotaping procedures were not included. It is anticipated that technical problems may be addressed by the court on motions to quash or motions for protective orders.
Subdivision (c) has been amended to accommodate the taking of depositions by telephone. The amendment requires the deponent to be sworn by a person authorized to administer oaths in the deponent’s location and who is present with the deponent.