Video Depositions (Under construction) |
Oregon attorneys have a right to video tape depositions that -- according to the Oregon Supreme Court -- even a trial judge cannot properly extinguish ordinarily. See ORCP 39C(4); State ex rel Anderson v. Miller, 320 Or 316 (1994). Attorneys can also use video tape for appeals (ORAP 3.63) and in federal court (FRCP 30(b)(2). The video tape medium records substantial information (e.g. non-verbal cues, including facial expressions, voice tone and delay and fact that witness reviewed documents or recordings) that no ordinary court reporter can match. Nonetheless, for some unknown reason, Oregon attorneys frequently fail to videotape their depositions. Perhaps this failure is due to the apparent difficulty in locating and using the exact section of deposition upon demand (e.g. at trial). However, this apparent difficulty is unjustified. With today's computer hardware and software, one can select, organize and play whatever portions of video tape upon demand. One can also synchronize a depostion transcript with the videotape to allow easy search and editing of the videotape deposition. All of this can be saved onto a CD-Rom that can be played on most laptop computers. |
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