Jefferson Cir. Ct. Local R. Rule 12

1201 Videotape/DVD Depositions.

Videotape/DVD depositions may be taken in actions pending in the Jefferson 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 recorder shall be operated

by a person qualified to operate it. The videographer shall mark the recording with the

style and number ofthe action and the name of the witness and shall file a certificate

which identifies the recording.

Electronic depositions shall be taken under the following conditions;

1. The party noticing the deposition shall provide the videographer with a

copy of JRP 1201. At the beginning of the proceedings, the videographer

shall either focus on and identify each attorney, party and witness present

at the taking ofthe deposition or read a statement introducing by name the

parties to the litigation and the attorneys present without focusing on each

person.

2. The camera will remain stationary at all times during the deposition and

will not "zoom" in or out on the witness excepting those times 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 by

"zooming" in. The-camera will not "zoom" in on a witness solely to give

unfair or undue influence to the witness' words.

3. A stenographic transcript, in addition to the recording, will not be

necessary. Any party may obtain a transcript at the party's cost.

4. The recording itself will be kept in the possession ofthe attorney taking

the deposition and will be available for comparison, viewing or copying.

If discrepancies appear between the stenographic transcript, if any, and the

recording, the discrepancies will be resolved by agreement of counsel or

ruling of the Court. The decision on the manner in which to handle the

discrepancies will be included in the agreement of counsel or ruling of the

Court.

5. All objections will be reserved and shall not be stated on the recording

except for objections relating to the form of the question. Objections to

testimony on the recording and the ruling thereof will be resolved by

agreement of counsel or ruling ofthe Court. All objections relating to

video depositions must be made at least ten (10) days before trial. An

edited version shall be presented at trial.

Any party may object to the video's admissibility ifplaying it would

unfairly prejudice the party because the quality of the video is so poor or if

a review of the video reveals any technical errors giving undue influence

to the testimony of the witness.