Appearances on the video record...


By Debi Boblitt

At the beginning of a deposition, most are used to hearing the videographer read an extra long paragraph into the record giving a bunch of information that only omits the kitchen sink. The only videotaped depositions in Florida that require such a long introduction are ones that are filed in Federal Court. This practice may be 'industry standard,' but many fail to recognize that this 'industry standard' is incorrect.

Per the Florida Rules of Civil Procedure, Rule 1.310(b)(4)(C) states:

"At the beginning of the deposition, the officer before whom it is taken must, on camera: (i) identify the style of the action, (ii) state the date, and (iii) swear the witness."

Now, as you may have noticed the Rule states that the officer is to provide this information. If you refer back to Rule 1.310(b)(4)(A), you will see that the videographer is referred to as the 'operator.' This means that the 'officer' in (C) would be the court reporter, who, not only does the read-in, they also swear the deponent in.

This may seem like a minute issue to point out, but the rules are meant for everyone to follow, no matter how big or small. We don't want your video deposition to be tossed out due to this minor technicality on our part.