other hearing.” [Emphasis added.] There is no requirement that an independent videographer record the deposition of the party for the videotape to be used at trial.
Code of Civil Procedure section
2025.340 (b) states: “The operator of the recording equipment shall be competent to set up, operate, and monitor the equipment in the manner prescribed in this section. Except as provided in subdi- vision (c), the operator may be an employee of the attorney taking the deposition unless the operator is also the deposition offi- cer.” [Emphasis added.] The term “employee” has been held to apply to self-employed individuals. (Durando v. U.S. (9th Cir. 1995) 70 F.3d 548, 550.) Therefore, a self-employed attorney may record the deposition of a defendant doctor and offer it as evidence at the time of trial pursuant to section 2025.260(b).
Note: It is recommended that, if the attorney who is taking the deposition is going to be operating the video equipment, that this information be included in the notice of
deposition. Defense counsel can hardly com- plain at trial if he was given advance notice that this is what would occur and did not object at the time.
In order to introduce the video-
taped deposition testimony of any wit- ness – expert or otherwise – the party intending to offer that evidence must also comply with Code of Civil Procedure section 2025.340(m). That subsection requires notice be given to the court and opposing counsel “in writ- ing of that intent and of the parts of the deposition to be offered...within suffi- cient time for objections to be made and ruled on by the judge...” It is recommended that this notice be filed and served with motions in limine. Objections by opposing counsel must be made in writing, something a defense lawyer who has not dealt with these issues before may not realize. It is highly recommended that an
attorney who plans to use videotaped deposition testimony at trial have a pock- et brief available that clearly sets forth the law in this area. Bringing the issue to
the attention of and educating the judge before trial starts is also recommended.
Conclusion The law in medical negligence cases
is straight-forward and not particularly complex. Some of the evidentiary issues in malpractice actions, however, can be quite challenging. Knowing where the minefields may be located is a good first step to ensuring that the evidence need- ed to prove plaintiff ’s case will be admis- sible at trial.
Linda Fermoyle Rice is a partner
in the Woodland Hills law firm of Rice & Bloomfield. With over 30 years experience in the field of complex personal injury litiga- tion, she enjoys an AV rating by Martindale- Hubbell, is a member of ABOTA and serves on the Board of Governors for Consumer Attorneys Association of Los Angeles. Linda has tried dozens of lawsuits throughout the state and has an extensive background in medical-legal issues.
PRE-SETTLEMENT CASH FOR YOUR CLIENTS WITHOUT INTEREST
Fast Funds eliminates the pressure to accept a lower settlement by providing you with the time you need to settle your client’s case for its maximum value. Our program is the fairest in the non-recourse funding industry. Unlike other companies, we have no up front fees or charges. And, we do not charge interest, no matter how long it takes for the case to resolve.
We fund all types of personal injury cases. We comply with all state laws and ethical rules. We only get paid if the case is won.
E: money@fast funds4u co E:
money@fastfunds4u.co. 305-598-6430 Tol Free: 1-866-798-2941
305-598-6430 Toll Free: 1-866-798-2941l
FEBRUARY 2012 The Advocate Magazine — 63
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96