The federal rules and their state equivalents do not authorize reporters to designate a method of recording. But one national court reporting conglomerate has just instructed its reporters to begin videotaping remote depositions as a matter of course, purportedly as "backup media." But given the absence of regulation regarding reporter backup recordings, what should you do to protect your deponents against the use, misuse or even sale of backup video recordings? (At least one reporting organization says backup media when made by a reporter at his or her own discretion "is the personal property of the CSR (certified shorthand reporter)." In this episode, Jim offers practice tips on handling situations where the reporter attempts to videotape your deposition without notice or consent.

SHOW NOTES

Online Pamphlet, "Best Practices for the Use of Backup Audio Media," Court Reporter's Board of California, approved March 1, 2015, https://www.courtreportersboard.ca.gov/formspubs/best_practice.pdf (discussing use and possible sale of court reporter backup recordings as a "value-added service," and stating that the recordings, absent law or court order, are the legal property of the reporter)

Maldonado v. Johnson, Case No. 3:22-cv-18229-TKW-ZCB, 2023 WL 5805583 (N. D. Fla. Jun. 6, 2023) ("A party may generally do what it wants with material obtained during the discovery process, as long as it wants to do something legal")

Fed. R. Civ. P. 30(b)(3)(B) (rule providing that objections to the "manner of taking the deposition" must be made on the record, but that the deposition shall nonetheless proceed subject to the objection)