Current through Register Vol. 54, No. 45, November 9, 2024
Rule 381 - Preservation of Testimony by Video RecordingA. When the testimony of a witness is taken and preserved pursuant to Rule 380 by means of video recording, the testimony shall be recorded simultaneously by a stenographer.B. The following technical requirements shall be made part of the court order required by Rule 380(A) or the written agreement provided in Rule 380(B) : 1) The video recording shall begin with a statement on camera that includes: a) The operator's name and business address;b) The name and address of the operator's employer;c) The date, time, and place of the video recording;d) The caption of the case;e) The name of the witness;f) The party on whose behalf the witness is testifying; andg) The nature of the judicial proceedings for which the testimony is intended.2) The court and the persons shall identify themselves on camera.3) The witness shall be sworn on camera.4) If the length of the testimony requires the use of more than one video recording, the end of each video recording and the beginning of each succeeding video recording shall be announced on camera.5) At the conclusion of the witness' testimony, a statement shall be made on camera that the testimony is concluded. A statement shall also be made concerning the custody of the video recording(s).6) Statements concerning stipulations, exhibits, or other pertinent matters may be made at any time on camera.7) The video recording shall be timed by a digital clock on camera that continually shows the hour, minute, and second of the testimony.8) All objections and the reasons for them shall be made on the record. When the court presides over the video recording of testimony, the court's rulings on objections shall also be made on the record.9) When the court does not preside over the video recording of testimony, the video recording operator shall keep a log of each objection, referenced to the time each objection is made. All rulings on objections shall be made before the video recording is shown at any judicial proceeding.10) The original video recording shall not be altered.