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While the State of Indiana does not
yet require a certified videographer do you want to use less than the
best? Some states, a Louisiana Ruling shown below, are beginning
to require certification for videographers as well as court reporters.
All LegalTek videographers are certified by the
American Guild of Court Reporters.
The Louisiana Fourth Circuit Court of
Appeals ruled that a "professional videographer" was required when a
party wished to have a deposition video recorded and ruled against
the law firm that wished to use their own in-house videographer
to tape a deposition.
In its decision, the court said: "It
is clear that the Code of Civil Procedure points out that accuracy and
trustworthiness of the videotaped deposition must be provided for. In
any non-videotaped deposition, a certified stenographic reporter is
required in order to protect the objectivity and validity as well as the
accuracy and trustworthiness of the transcribed deposition. It would
be inconsistent to provide for a certified professional reporter to be
used when transcribing and not to require that a professional
videographer be used in a videotaped deposition."
"Furthermore, it is plaintiff's
request to take the deposition. It is plaintiff's responsibility to
provide for the objectivity and trustworthiness as well as the accuracy
of the deposed party. It is indeed not defendant's deposition in the
instant case. It is unreasonable to require the opposing party to incur
the expense of a videotape of its own."
The ruling goes on to say: "We
conclude that a party seeking a deposition, is desirous of using a
videotape of the deposition, shall provide a disinterested professional
videographer to take the deposition. Accordingly, this matter is
remanded to the trial court to allow the parties to proceed consistent
with the views expressed hereinabove."
(emphasis added) |