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Civil Procedure

Plaintiff May Videotape Defense’s Deposition of Her, N.J. Judge Says

Posted Aug 21, 2008 12:13 PM CDT
By Martha Neil

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A plaintiff has a right to videotape a deposition taken by opposing counsel, even if opposing counsel objects to the videotaping, a New Jersey judge has ruled.

Although a New Jersey court rule that governs videotaping of depositions doesn't address the issue, a Bergen County judge found that the plaintiff in a medical malpractice case can compel videotaping of her deposition by defense counsel in this case of first impression in the state's courts, reports the New Jersey Law Journal. The plaintiff agreed at the outset to pay the cost of the videotaping; ordinarily, the party taking the deposition pays related costs.

Superior Court Judge Rachelle Harz said in her written opinion (PDF) that the court rule doesn't prohibit an opposing party from videotaping a deposition. She also noted that a videotaped deposition is superior evidence to a hard-copy record and hence assists the trier of fact.

Opposing counsel had contended that requiring videotaping would restrict her right to depose the plaintiff.

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