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Rule 215c. Non-Stenographic Recording (1976)


Any party may cause the testimony and other available evidence at a deposition to be recorded by non-stenographic means, which term shall specifically include videotape recordings, without leave of court, and such non-stenographic recording may be presented at trial in lieu of reading from the written record of the deposition, subject to the following rules:

a. Any party intending to cause such non-stenographic recording shall give five days' notice to all other parties by Certified Mail, Return Receipt Requested, and shall specify in said notice the type of non­stenographic recording which will be used.

b. The expense of a non-stenographic recording shall not be taxed as costs, unless before the deposition is taken, the parties so agree, or the court so orders on motion and notice.

c. Any party shall have reasonable access to the original recording, and may obtain a duplicate copy at his own expense.

d. After such notice is given, any party may make a motion for relief under Rule 186b, and the court shall make such orders as are permitted under such rule, if the court finds that justice requires an order to be made. However, if a hearing is not obtained prior to the taking of the deposition, the non-stenographic recording shall be made subject to the court's ruling at a later time.

e. The non-stenographic recording shall not dispense with the requirement of a written record of the deposition unless the court shall so order on motion and notice before the deposition is taken, and such order shall also make such provision concerning the manner of taking, preserving and filing the non-stenographic recording as may be necessary to assure that the recorded testimony will be intelligible, accurate and trustworthy. Such order shall not prevent any party from having a written record made at his own expense. In the event of an appeal, the non­stenographic recording shall be reduced to writing.

New rule.

July 22, 1975, eff. Jan. 1, 1976.

Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 202.1 et seq.