Videotaped depositions may be taken for discovery purposes or for use at trial in accordance with the applicable provisions of these discovery rules subject to the following further requirements and conditions:
(a) Time for Taking Videotaped Depositions. The provisions of R. 4:14-1 shall apply to videotaped depositions except that such a deposition of a treating physician or expert witness which is intended for use in lieu of trial testimony shall not be noticed for taking until 30 days after a written report of that witness has been furnished to all parties. Any party desiring to take a discovery deposition of that witness shall do so within such 30-day period.
(b) Notice. A party intending to videotape a deposition shall serve the notice required by R. 4:14-2(a) not less than 10 days prior to the date therein fixed for the taking of the deposition. The notice shall further state that the deposition is to be videotaped.
(c) Transcript. The videotaping of a deposition shall not be deemed to except it from the general requirement of stenographic recording and typewritten transcript. Prior to the swearing of the witness by the officer, the name, address and firm of the videotape operator shall be stated on the record.
(d) Filing, Copies. Immediately following the conclusion of the videotaped deposition, the videotape operator shall deliver the tape to the party taking the deposition who shall take physical custody thereof and arrange for the making of one copy. The party taking the deposition shall then furnish a copy of the tape to an adverse party who shall make it available for copying and inspection to all other parties.
(e) Use. Videotaped depositions may be used at trial in accordance with R. 4:16-1. In addition, a videotaped deposition of a treating physician or expert witness, which has been taken in accordance with these rules, may be used at trial in lieu of testimony whether or not such witness is available to testify and provided further that the party who has taken the deposition has produced the witness for further videotaped deposition necessitated by discovery completed following the original videotaped deposition or for other good cause. Disputes among parties regarding the recall of a treating physician or expert witness shall be resolved by motion, which shall be made as early as practicable before trial. The taking of a videotaped deposition of a treating physician or expert witness shall not preclude the party taking the deposition from producing the witness at trial.
(f) Objections. Where a videotaped deposition is taken for use at trial in lieu of testimony, all evidential objections shall, to the extent practicable, be made during the course of the deposition. Each party making such objection shall, within 45 days following the completion of the deposition, file a motion for rulings thereon and all such motions shall be consolidated for hearing. The court may, however, on its own motion or the motion of a party, abbreviate the time period if the deposition of a treating physician or expert witness is taken pursuant to R. 4:36-3(c) or for other good cause. A copy of the tape shall be edited in accordance with said rulings and the copy so edited shall be made available for copying to all other parties.
(g) Cost of Videotaped Depositions. All out-of-pocket expenses incurred in connection with a videotaped deposition, including the making of copies herein required and the editing of tapes, shall be borne, in the first instance, by the party taking the deposition. The cost of court presentation of the deposition shall be borne, in the first instance, by the party offering the deposition.
(h) Record on Appeal. Where a videotaped deposition is used at trial, a typewritten transcript thereof shall be included in the record on appeal. The videotape itself shall not constitute part of the record on appeal except on motion for good cause shown.
Note: Adopted July 21, 1980 to be effective September 8, 1980; paragraph (e) amended June 29, 1990 to be effective September 4, 1990; paragraph (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (d) amended June 28, 1996 to be effective September 1, 1996; introductory text and paragraphs (b) ,(d), and (f) amended July 28, 2004 to be effective September 1, 2004.
