Frequently Asked Questions
FAQ’s

 

Frequently Asked Questions – FAQ’s

Answers to Your Common Questions Answered Here.

Can I Take a Deposition Without a Licensed Stenographer?

For Federal cases and depositions the FRCP 30 is the designated rule to follow and it allows non-stenographic depositions to be recorded the same as Nevada. E-Depositions LLC can record Federal depositions.


(b) NOTICE OF THE DEPOSITION; OTHER FORMAL REQUIREMENTS. (1) Notice in General. A party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent’s name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. (2) Producing Documents. If a subpoena duces tecum is to be served on the deponent, the materials designated for production, as set out in the subpoena, must be listed in the notice or in an attachment. The notice to a party deponent may be accompanied by a request under Rule 34 to produce documents and tangible things at the deposition. (3) Method of Recording. (A) Method Stated in the Notice. 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. (B) Additional Method. With prior notice to the deponent and other parties, any party may designate another method for recording the testimony in addition to that specified in the original notice. That party bears the expense of the additional record or transcript unless the court orders otherwise. (4) By Remote Means. The parties may stipulate—or the court may on motion order—that a deposition be taken by telephone or other remote means. For the purpose of this rule and Rules 28(a), 37(a)(2), and 37(b)(1), the deposition takes place where the deponent answers the questions. (5) Officer’s Duties. (A) Before the Deposition. Unless the parties stipulate otherwise, a deposition must be conducted before an officer appointed or designated under Rule 28. The officer must begin the deposition with an on-the-record statement that includes: (i) the officer’s name and business address; (ii) the date, time, and place of the deposition; (iii) the deponent’s name; (iv) the officer’s administration of the oath or affirmation to the deponent; and (v) the identity of all persons present.

Audio and video recorded depositions offer a level of accuracy unparalleled by other methods.

While a court reporter produces a transcript, it is essentially just text on paper. This format fails to capture non-verbal cues, tone, emotion, pauses, and other physical responses. For instance, a transcript does not convey the intensity of a response, such as when a deponent is yelling.

With recorded depositions, there’s no ambiguity about what was said. Stenographers, despite their skill, can make errors in typing both questions and answers. A non-stenographic deposition, on the other hand, allows for the creation of a verbatim transcript. If there’s a discrepancy between the transcript and the audio-video recording, corrections can be made since the transcript is secondary to the official recording. This level of verification is not possible with traditional court reporting.

In the modern legal landscape, video depositions have become indispensable. Today’s jurors, adept in technology, expect and engage better with visual presentations of cases. Watching a deposition is far more impactful for them than merely hearing it read. 

Furthermore, courts are increasingly favoring video presentations. According to Rule 32 (Using Depositions in Court Proceedings), unless otherwise ordered by the court, a party must provide a transcript of any deposition testimony they offer but may also present the testimony in a non-transcript form. For jury trials, any deposition testimony used for purposes other than impeachment must be presented in a non-transcript form if available, unless the court decides differently for valid reasons. This shift underscores the growing preference for and effectiveness of video in legal proceedings.

If I Take a Deposition Non-Stenographically what is the record?

NRCP 30(b)(3) states:

(b) Notice of the Deposition; Other Formal Requirements.

(3) Method of Recording.

                   (A) Method Stated in the Notice.  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.

                   (B) Additional Method.  With prior notice to the deponent and other parties, any party may designate another method for recording the testimony in addition to that specified in the original notice. That party bears the expense of the additional record or transcript unless the court orders otherwise.

By recording non-stenographically the official record would be the audio video recording. E-Depositions provides a transcript of the recording and syncs that transcript to the official record. However, as the rule states above any party may arrange to transcribe a deposition. The rule does not specify that the transcription is to be completed by a licensed stenographer.

What are the Benefits of a Non-Stenographic Deposition?
  • Audio Video recorded depositions provide a more accurate record than any other means.

    • A Court Reporter supplies a transcript. That is just a bunch of words on a piece of paper. Words on a piece of paper do not provide non-verbal communication, tone of voice, emotion, pauses, or any other physical answers. If a deponent is yelling the court reporter does not type in all caps to emphasize a response.

    • There is never a question of what was said. Not only do stenographers sometimes mistype and answer they also can mistype a question. With a non-stenographic deposition, a verbatim transcript is created. The safety net is that if the transcript does not match the audio and video recording it can be corrected as the transcript is just an aide to the official audio video recording. This can not be done with a court reporter.

    • Times have changed. No longer can attorneys afford to go into a courtroom without video depositions. Jurors are more technology savvy than ever. They expect to see the case and also will retain information better by watching something rather than hearing it read to them.

    • The courts also want video.

      • Rule 32.  Using Depositions in Court Proceedings

      • (c) Form of Presentation.  Unless the court orders otherwise, a party must provide a transcript of any deposition testimony the party offers, but may provide the court with the testimony in non transcript form as well. On any party’s request, deposition testimony offered in a jury trial for any purpose other than impeachment must be presented in non transcript form, if available, unless the court for good cause orders otherwise.

Is There a Cost Difference in Recording Non-Stenographically?

Yes.

The traditional practice of using both a court reporter and a videographer for video depositions often deters many attorneys due to its high cost. This method not only requires payment for the transcript and video but also incurs additional charges like setup fees, teardown fees, syncing fees, and various other add-ons, making it prohibitively expensive.

E-Depositions streamlines this process significantly. By combining the roles of deposition officer and videographer into one, we effectively reduce costs. Our clients typically experience savings of 40-50% compared to the outdated court reporting methods, making video depositions more accessible and budget-friendly.

How does E-Depositions Record Depositions?

E-Depositions employs a robust system of multiple redundancies in our deposition recordings. At each session, we implement three layers of video redundancy and four for audio. This comprehensive approach is designed to mitigate any potential technical issues, ensuring a seamless recording process.

Our commitment to quality is reflected in our use of high-definition cameras and powerful microphones. These tools are adept at capturing every spoken word with clarity, making them ideal for use in trial proceedings.

 Additionally, we incorporate an advanced software program during recordings. This technology functions similarly to a court reporter’s read-back, allowing for immediate playback of any given answer or question. This feature enhances the accuracy and efficiency of the deposition process, ensuring that every detail is captured and readily accessible.

What is Your Turnaround Time?

Before we leave a deposition we can provide you with a copy of the video recording. The typical turnaround time for a transcript of the proceeding that is synced to the audio-video recording is 7-10 business days. If needed expedited services are available.