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make sure that you have given notice to the other side. By doing so, you will eliminate claims of unfair surprise or prejudice.
•
If the other side is going to use a video deposition at trial, make sure that you file a motion in limine to prevent objectionable testimony from being shown to the jury.
What follows below is a form notice of deposition:
IN THE CIRCUIT COURT FOR _____, MARYLAND Plaintiff
v. Defendant
: : :
: : :
________________________________________________ Notice of De Bene Esse Deposition of _____
Please take notice that counsel for Plaintiff _____, will take the videotape deposition of _____ on (Date) at (time) (location) upon oral examination, for purposes of discovery
Case No:
and/or use as evidence in the above-captioned case, before a notary public or anyone authorized to administer oath and due form of law. Te deposition will continue from day to day until completed. Tis de bene esse video deposition is being taken pursuant to the Maryland Discovery Guidelines and Maryland Rules 2-412, 2-416, and 2-419 (a)(4) & (b), and may be used as evidence at the trial in the above-captioned case.
Respectfully submitted, Te best part of videotaping depositions is that they can
be used at trial. Te use of video depositions is governed by Maryland Rule of Civil Procedure 2-419.
Deposition Use, replicated in pertinent part as follows: Deposition--Use
(a) (4) Videotape Deposition of Expert. A videotape deposition of a treating or consulting physician or of any expert witness may be used for any purpose even though the witness is available to testify if the notice of that deposition specified that it was to be taken for use at trial.
(b) Use of Part of Deposition. If only part of a deposition is offered in evidence by a party, an adverse party may
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