There are many local, state and federal rules governing depositions and videotaping of depositions.  This article will focus on what I think is one of the most overlooked rules, but one of the most important ones.

Rule (F)  Section (8) of videotaping of depositions in CR 30 states that the area to be used for videotaping testimony shall be suitable in size, have adequate lighting and be reasonably quiet.

One of the experiences I had at a video deposition turned out to be all about the lighting and the effect the sun and very large windows had on the room and to the video. 

To set the stage, I had recorded a deposition at this location before and the room was perfect with the perfect back drop and lighting, it went off without a hitch. 

When the next opportunity came to video tape a deposition at this same location,  things went a bit different this time. 

We were directed to use this large open room with windows all around from the floor to the ceiling and from one end of the room to the other.  There was no way to control the outside lighting from coming into this room.

As I ran my test tape I noticed the sun was coming in and out of the clouds and would brighten up and then darken down the entire room.  Really making the lighting an issue. 

 I told the attorneys this before we went on the record.  They responded with "this is the room that was approved for this deposition." 

As I was recording the deposition,  the sun continued to lighten and darken the room causing me all kinds of grief.  This went on for about 20 minutes until the sun finally reached the end of the buildings roof.

This particular proceeding lasted about 27 minutes, but the way the sunlight was playing tricks on us, it seemed to last an eternity.  We ended the video and I again let the parties know of the lighting and its effect on the room.  The attorney's agreed it was not the room they should have reserved, but because it was at a women's correctional facility, for security reasons, the room is what the prison made us use. 

One way of helping to avoid a situation similar to this, is to call ahead and ask specific questions about the settings location and its restrictions or limitations.  It could save you a huge headache.

For a complete list of the rules and regulations for videotaping a deposition, visit our attorney tools tab and select the link to CR 30.