Stenographers are NOT required contrary to popular belief.

The Federal Rules of Civil Procedures, Rule 30b3A, Method of Recording specifically states:

“The party who notices the deposition must state in the notice the method for recording the testimony. Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means. The noticing party bears the recording costs. Any party may arrange to transcribe a deposition.”

Thus when using “audiovisual” as your recording means, this actual recording become the Official Record. The above rule also states that “Any party may arrange to transcribe a deposition”. Therefore, you are free to transcribe the audiovisual Official Record to create a transcript.

However, the audiovisual recording still remains as the Official Record, as that is what was specified in the notice and has been certified by the Notary-tech.

The noticing requirements are no different than those of using a stenographer other than you must state the method of recording to by “audiovisual” means.  Rule 30b3A states: “…The party who notices the deposition must state in the notice the method for recording the testimony. …”

The following is sample noticing language to include when using Video/audio as the recording means.

Sample notice if by party scheduling the deposition

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD PLEASE TAKE NOTICE that [attorneys for plaintiff] will take the video deposition of [deponent] in accordance with Rule 30 and Rule 26 of Utah [or Federal] Rules of Civil Procedure, and record such deposition by audiovisual means through the use of a bonded Utah Notary on [date] at [the Law Office of attorney], Utah and will continue until completed. No court reporter will be present unless requested by another party in this action pursuant to Rule 30 of the Utah [or Federal] Rules of Civil Procedure.

Sample notice if by 3rd party attending the deposition

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD PLEASE TAKE NOTICE that [attorneys for 3rd party] will be attending the deposition on [date] being conducted by [attorneys for noticing/examining party] and more fully described in the attached subpoena [or notice].

[attorneys for 3rd party] hereby gives notice that in accordance with Rule 26 and Rule 30(b)3(B) – Additional Recording Method of the Federal Rules of Civil Procedure [or State] , [attorneys for 3rd party] have arranged for a [bonded – if applicable] and certified 3rd party to record such 2004 examination by audiovisual means in addition to the [court reporter or other noticed recording means] being provided by the noticing/examining party.

[attorneys for 3rd party] will bear the expense of the additional recording.

The amount of equipment necessary to conduct a Video Deposition is surprisingly minimal.  The main components consist of the follow:

• Video Camera w/ tripod
• Small digital recorder w/ ambient stereo microphone
• Freestanding backdrop
• Wireless lavaliere microphone transmitter/receiver for each participant
• DVD backup recorder (portable/compact)

The depose.me Notary-tech only brings into the deposition those components necessary for the services you require and the number of participants at the Video Deposition.

We individually package our equipment in a modular fashion using waterproof & submersible designed (IP67) cases that are airline certified and resistant to impact damage.

The depose.me equipment has the capability of operating for over 24 hours on self-contained battery power.

The depose.me equipment configuration provides for triple redundancy of audio, and dual redundancy of video during the actual Video Deposition.

Each Notary-tech also carries backup equipment modules in case of an equipment failure.

Scheduling

depose.me prefers to received notice of your booking when you serve the notice of the deponent(s).  This is generally 14 to 21 days in advance.  However, depose.me can often respond with just a few hours notice, should you have difficulty with your existing Official Recorder.  However, take notice that if you did not notice the audiovideo method of recording you may be required to obtain a stipulated waver to such notice from all participants.  This can often be done quickly “On the Record”, at the start of the Video Deposition, assuming all parties are in prior agreement.

Cancellations

Please inform depose.me as soon as you know you must cancel.

Cancellations of less than 24 hours in advance will incur a $150.00 cancellation fee.

Order in Advance

You may order a human transcript when you book with depose.me.  This will result in the the entire deposition being transcribed.  It will also result in your getting the transcript faster as depose.me can schedule a transcriber in advance.

Order at a Later Time

depose.me highly recommends only transcribing what is actually needed.  I.e. hold off on transcription until you know you will be using it.  The included machine generated transcript is normally accurate enough for searches and review when used in conjunction with the synchronized video/audio.

It is typical to get at most 5% of usable testimony from a deposition.  Most cases settle before trial.  depose.me encourages users to use our online tools to review, tag, annotate and clip important testimony.  Then use this testimony in audiovisual form in mediation or pre-trail conferences.  Once you have your key excerpts tagged, it is just a few clicks to create a presentation of selected excerpts.

When you show up at mediation or pre-trail conferences with key testimony in the form of a 20 minute video presentation, you WILL get your opponents attention and hopefully force them to the table to settle.