Conflict Between Trial and Videotaped Deposition - - Designated Trial Counsel Rule
The videotaped deposition of an expert for use at trial is tantamount to trial testimony, so the designated trial counsel rule should apply in such circumstances; however, trials take precedence over videotaped depositions. The court should take a
reasonable approach to try to accommodate conflicts between these two events. For example, if money has been paid out to schedule the video deposition and the adversary cannot attend because he or she is in trial and no one else can cover the deposition, the court may allow the video deposition to be put off but might order the party who cannot go forward on the originally scheduled date to reimburse the party scheduling the video deposition.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817 (Phone) 732-572-0500
(Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
