Can I audio or video record a deposition?

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Latest post Mon, Nov 26 2012 8:07 AM by JudyA. 6 replies.
  • Sun, Nov 25 2012 10:03 AM

    • JudyA
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    Can I audio or video record a deposition?

    I am scheduled to be deposed. Can I make an audio or video recording of the deposition? I know there will be a transcript produced, but I would like to have a recording for verification purposes.

    Thanks,

    Judy A.

  • Sun, Nov 25 2012 10:46 AM In reply to

    Re: Can I audio or video record a deposition?

    JudyA:

    I am scheduled to be deposed. Can I make an audio or video recording of the deposition? I know there will be a transcript produced, but I would like to have a recording for verification purposes.

    There's no law against it that I've ever heard of.

    But I think you'll get a lot more grief with a video camera than with just an audio recorder.

    If you want to bring a recorder, that's up to you. If somebody objects when you put it on the table in front of you, you can decide what you want to do.

    I've sat through many depositions and the transcripts are always extremely accurate.

    However, transcriptionists are very protective about their right to charge $4 a page to anybody who wants a copy.

    If you want a copy for yourself, don't ask for one, just wait until they put one in your hands to review, then take it home to read it and then make a copy.

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  • Sun, Nov 25 2012 6:31 PM In reply to

    Re: Can I audio or video record a deposition?

    If the deposition is taking place in Maryland, you may not record it yourself without the consent of ALL parties. So, at the start ask for consent from everyone present. If no one objects, you should not have a problem. But if anyone objects, you'll have to do without recording it.

  • Sun, Nov 25 2012 7:52 PM In reply to

    • JudyA
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    Re: Can I audio or video record a deposition?

    Thank you for the replies. I've heard that if something is not prohibited, then it is allowed, which would seem to imply that I do have a right to let's say videorecord the deposition. Do I have the right to insist on it if they object? To the point of refusing to participate if they do not permit?

    The only thing I could find in the Maryland Rules seemed to refer to videorecording a deposition instead of using a stenographer.

    Thanks again,

    Judy A.

  • Sun, Nov 25 2012 10:07 PM In reply to


    Re: Can I audio or video record a deposition?

    JudyA:
    Do I have the right to insist on it if they object? To the point of refusing to participate if they do not permit?

    No.  There will be an official reporter or videographer there--they are paid to officially record the proceedings.  The other parties and the attorneys do not have to agree to a secondary recordation by you.   The subpoena to show up and be deposed is a court order.  You want to object to being deposed, you should have filed that with the court within the time frame required by the laws of your state.  You don't try and place demands or qualifiers on your participation at the time and place of the deposition. 

  • Sun, Nov 25 2012 10:47 PM In reply to

    Re: Can I audio or video record a deposition?

    JudyA:
    I've heard that if something is not prohibited, then it is allowed...

    As a general principle of law, that's correct.

    JudyA:
    ...which would seem to imply that I do have a right to let's say videorecord the deposition.

    You are assuming that no law prohibits the recording. That's not correct. Maryland's Courts and Judicial Proceedings Code section 10-402(a)(1) states:

    "(a) Unlawful acts. -- Except as otherwise specifically provided in this subtitle it is unlawful for any person to:

       (1) Willfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication." 

    This is a criminal offense. There are several exceptions in the statute, most of which apply to law enforcement. But there is one exception that applies to everyone in paragraph (c)(3):

    "(3) It is lawful under this subtitle for a person to intercept a wire, oral, or electronic communication where the person is a party to the communication and where all of the parties to the communication have given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State."

    Thus, as I said before, if you have the consent of ALL parties, the taping would be permitted. If they don't agree to that, you can't.

    In addition, as gemini47 noted, the deposition is done under the authority of the court. You've been issued a subpoena to attend and give testimony and you do not get to show up and then condition your participation on being able to record the deposition yourself. If they don't agree to let you record and you refuse to participate, you may be facing a contempt problem with the the court.

  • Mon, Nov 26 2012 8:07 AM In reply to

    • JudyA
      Consumer
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    • Joined on Mon, Sep 21 2009
    • MD
    • Posts 40

    Re: Can I audio or video record a deposition?

    OK, thanks, that clarifies the situation. i will ask ahead of time and not do it if there are any objections.

    Appreciate the time you all took to answer.!

    Judy A.

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