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but a party may cause a stenographic record of the deposition to be made at the party's own expense. Except as otherwise provided by this Rule, the rules of this chapter apply to videotape and audiotape depositions.
(b) Deferral. On motion of a party made prior to the deposition, the court may order that a videotape deposition intended for use at trial be postponed or begun subject to being continued, on such terms as are just, if the court finds that the deposition is to be taken before the moving party has had an adequate opportunity to prepare, by discovery deposition of the deponent or other means, for cross-examination of the deponent.
(c) Physical Arrangements. Te area to be used for recording testimony shall be suitable in size, have adequate lighting, and be reasonably quiet. Te physical arrangements shall not be unduly suggestive or otherwise prejudicial.
(d) Operator. Te operator of the recording equipment shall be competent to set up, operate, and monitor the equipment in accordance with this Rule. Te operator may be an employee of the attorney taking the deposition unless the operator is also the officer before whom the deposition is being taken.
sets forth the requirements for noting a video deposition. In pertinent part, it is replicated as follows:
Maryland Rule of Civil Procedure 2-412 Deposition- Notice (b) Videotape or Audiotape. If the deposition is to be recorded by videotape or audiotape, the notice shall specify the method of recording. If a videotape deposition is to be taken for use at trial pursuant to Rule 2-419(a) (4), the notice shall so specify.
If you fail to note the deposition as a videotaped
deposition, then opposing counsel can simply prohibit you from videotaping the deponent or cancel the deposition. Once you have met the notice requirements, you must
then take the deposition in accordance with the procedure set forth in Maryland Rule of Civil Procedure 2-416 Deposition- Videotape and Audiotape. While the hoops you must jump through are minor, you must be careful to jump through each hoop or you will not be able to use the videotape at trial. Below is Maryland Rule of Civil Procedure 2-416 Deposition Videotape and Audiotape.
Maryland Rule of Civil Procedure 2-416 Deposition-Videotape and Audiotape
(a) Permitted. Any deposition may be recorded by videotape or audiotape without a stenographic record,
42 Trial Reporter / Spring 2010
(e) Operation of the Equipment. Te operator shall not distort the appearance or demeanor of participants in the deposition by the use of camera or sound recording techniques.
(f ) Procedure. Te deposition shall begin by the operator stating on camera or on the audiotape: (1) the operator's name and address, (2) the name and address of the operator's employer, (3) the date, time, and place of the deposition, (4) the caption of the case, (5) the name of the deponent, and (6) the name of the party giving notice of the deposition. Te officer before whom the deposition is taken shall identify himself or herself and swear the deponent on camera or on the audiotape. At the conclusion of the deposition, the operator shall state on camera or on the audiotape that the deposition is concluded. When more than one tape is used, the operator shall announce the end of each tape and the beginning of the next tape on camera or on the audiotape. A videotape deposition shall be timed by a clock that shall show on camera whenever possible each hour, minute, and second of the deposition.
(g) Objections. Te officer shall keep a log of all objections made during the deposition and shall reference them to the time shown on the clock on camera or to the
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