Superior Court Rules Table of Contents
45. The Court, within its discretion, may allow the use of
video tape depositions that have been taken by agreement; and provided further
that, if the parties cannot reach such an agreement, the Court may, in its
discretion, order the taking and/or use of such depositions. At the commencement
of the video tape deposition, counsel representing the deponent should state
whose deposition it is, what case it is being taken for, where it is being
taken, who the lawyers are that will be asking the questions, and the date and
the time of the deposition. Care should be taken to have the witnesses speak
slowly and distinctly and that papers be readily available for reference without
undue delay and unnecessary noise. Counsel and witnesses shall comport
themselves at all times as if they were actually in the courtroom.
If any problem arises as to the admissibility or
inadmissibility of evidence, this should be handled in the same manner as
written depositions.
45-A. A party objecting to a question asked of, or an answer
given by, a witness whose testimony is being taken by videotape shall provide
the Court at the pretrial settlement conference with a transcript of the
videotape proceedings that is sufficient to enable the Court to act upon the
objection before the trial of the case, or the objection shall be deemed waived.
The provisions of Rule 41
with respect to objections to testimony or evidence shall also apply to a video
tape deposition.