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Yes you do. You also have the right to refuse the deposition if a tape recorder is present without first obtaining permission to use one. Whoever is holding the deposition, must first obtain authority from your attorney to do so. I am not sure how it will affect your case, but you do have the right to say no.


No you do not. Both the federal rules of civil procedure and virtually all state court rules of civil procedure permit the taking of depositions by videotape at the discretion of the person calling the deposition. If the deposition is called for under a notice to a party to be deposed by videotape, the party's case may be dismissed for refusing to be so deposed. If the deposition is called for by a subpoena to a non-party witness, the person refusing to be deposed may be held in contempt of court for refusing to obey a subpoena.

Videotaped depositions are now commonplace and there is no right to refuse to be deposed (if properly called) simply because the deposition is to be videotaped as opposed to being transcribed by a certified shorthand court reporter.

By way of example, Federal Rule of Civil Procedure 30(b)(3) states:

(3) Method of Recording.

(A) Method Stated in the Notice. The party who notices the deposition must state in the notice the method for recording the testimony. Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means. The noticing party bears the recording costs. Any party may arrange to transcribe a deposition.

This means that deposition by videotape is permitted in all situations without regard to your or your attorney's approval, unless it can be shown that there is good cause why the court should not allow it.

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โˆ™ 2012-08-20 16:26:34
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Q: Do you have the right to refuse being videotaped during a deposition?
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