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Louisiana Ruling RE Certified Videographers
LegalTek on the Web YesLaw Avaialable Louisiana Ruling RE Certified Videographers

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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)

 

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