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Rule 202. Non-Stenographic Recording; Deposition by Telephone (1984)

TEXT

1. Non-Stenographic Recording. Any party may cause the testimony and other available evidence at a deposition upon oral examination to be recorded by other than stenographic means, including videotape recordings, without leave of court, and the non­stenographic recording may be presented at trial in lieu of reading from a stenographic transcription of the deposition, subject to the following rules:

a. Any party intending to make a non-stenographic recording shall give five days' notice to all other parties by certified mail, return receipt requested, and shall specify in said notice the type of non­stenographic recording which will be used.

b. After the notice is given, any party may make a motion for relief under Rule 166b. If a hearing is not held prior to the taking of the deposition, the non-stenographic recording shall be made subject to the court's ruling at a later time.

c. Any party shall have reasonable access to the original recording and may obtain a duplicate copy at his own expense.

d. The expense of a non-stenographic recording shall not be taxed as costs, unless before the deposition is taken, the parties so agree, or the court so orders on motion and notice.

e. The non-stenographic recording shall not dispense with the requirement of a stenographic transcription of the deposition unless the court shall so order on motion and notice before the deposition is taken, and such order shall also make such provision concerning the manner of taking, preserving and filing the non-stenographic recording as may be necessary to assure that the recorded testimony will be intelligible, accurate and trustworthy. Such order shall not prevent any party from having a stenographic transcription made at his own expense. In the event of an appeal, the non­stenographic recording shall be reduced to writing.

2. Deposition by Telephone. The parties may stipulate in writing, or the court may upon motion order, that a deposition be taken by telephone. For the purposes of this rule and Rules 201, 215-1a and 215-2a, a deposition taken by telephone is taken in the district and at the place where the deponent is to answer questions propounded to him.

This is a new rule by order of Dec. 5, 1983, eff. April 1, 1984: This combines former Rule 215c with new deposition by telephone material that was taken from Federal Rule 30(b)(7).