NCJ Number
50405
Journal
Judicature Volume: 61 Issue: 6 Dated: (DECEMBER/JANUARY 1978) Pages: 258-261
Date Published
1978
Length
4 pages
Annotation
OHIO'S RULES AND STANDARDS GOVERNING THE PREPARATION AND USE OF VIDEOTAPED DEPOSITIONS ARE DISCUSSED.
Abstract
THE OHIO SUPREME COURT RULED THAT A LITIGANT WHO WISHES TO RECORD A DEPOSITION ON VIDEOTAPE NEED ONLY ADVISE THE OPPONENT IN THE CASE THAT THE DEPOSITION WILL BE RECORDED. THIS RULE STANDS IN CONTRAST TO THE FEDERAL RULE, WHICH REQUIRES A COURT ORDER WHEN AN OPPONENT WILL NOT STIPULATE TO THE VIDEOTAPING, AND HAS ENCOURAGED THE DEVELOPMENT OF VIDEOTAPING TECHNIQUES IN OHIO. THE OHIO COURT HAS PROMULGATED A COMPREHENSIVE SET OF RULES ADDRESSING MOST OF THE QUESTIONS OF COST, PROCEDURE, STANDARDS, AND EQUIPMENT AVAILABILITY RAISED BY THE BASIC ENABLING RULE. A SUPERINTENDENCE RULE SPELLS OUT WHO MUST PAY EACH PART OF THE COST OF VIDEOTAPING, EDITING, AND COURTROOM REPLAY. PROCEDURAL QUESTIONS ARE ADDRESSED IN A SET OF PRACTICAL GUIDELINES. SPECIFIC EQUIPMENT STANDARDS HAVE BEEN ADOPTED, AND OHIO COURTS ARE REQUIRED TO PURCHASE OR RENT VIDEOTAPING EQUIPMENT. THE ERIE COUNTY, OHIO, COURT HAS PIONEERED THE USE OF PRERECORDED VIDEOTAPED TRIALS (SEE NCJ-50404) AS WELL AS THE USE OF VIDEOTAPED DEPOSITIONS IN CONVENTIONAL TRIALS. VIDEOTAPING HAS PRACTICAL ADVANTAGES, SUCH AS FACILITATING TESTIMONY FROM WITNESSES WHO ARE DIFFICULT TO SCHEDULE. VIDEOTAPING ALSO CAN IMPROVE THE QUALITY OF THE TRIAL ITSELF, E.G., BY PERMITTING A MORE COMPREHENSIBLE PRESENTATION TO THE JURY. (LKM)