| by Heather Duncan, Esq.

In this month’s Network News we will be discussing using the videotaped deposition of a treating doctor or expert witness in lieu of live testimony at trial.

The general rule is that a video recording of deposition may be used at trial in lieu of live testimony only if the witness is not available to testify in person. One notable exception to this rule is the deposition of  a medical doctor or expert witness. California Code of Civil Procedure (CCP) Section 2025.620  (d) outlines this exception as follows:

“Any party may use a video recording of the deposition testimony of a treating or consulting physician or of any expert witness even though the deponent is available to testify... “
CCP Section 2025.620 (d) further requires that the deposition notice properly reserves the right to use the deposition at trial and that the notice of intent is given with sufficient time both for objections to be made and ruled on by the judge and for editing of the recording to be made in accordance with any applicable court ruling.

If the video of the expert deposition is made with the intent that it is to be used at trial there are also additional requirements for the videographer under CCP Section 2025.340 (c) which states:

“. . .the operator of the recording equipment shall be a person who is authorized to administer the oath, and shall not be financially interested in the action or be a relative or employee of any attorney of any of the parties, unless all parties attending the deposition agree on the record to waive these qualifications and restrictions.”

Using a videotaped deposition at trial is one of the most effective ways to best use a doctor or expert witnesses’ time. Remember when taking the deposition that it is the direct testimony that will be played to the jury and be prepared with appropriate demonstrative aides.

Related posts

Clear Search

Recent Posts