Premier Legal Videographers in New York, NY

This section governs the procedures for providing notice of deposition to the parties involved. It requires the notice to include details about the time, location, and method of deposition, whether in-person, remote, or hybrid.

Impact on New York Depositions:

• In-Person Depositions: Requires a clear and specific notice of the location, ensuring that the venue is accessible to all parties.
• Remote Depositions: The notice must state that the deposition will be conducted via electronic means and include instructions for accessing the remote platform.
• Hybrid Depositions: If the deposition will be conducted using both in-person and remote methods, the notice must detail how each party will participate and ensure that all parties agree to the format.

This statute outlines the proper conduct of depositions, including the administration of oaths, recording of testimony, and the rights of the parties during the examination.

Impact on New York Depositions:

• In-Person Depositions: Requires the presence of a notary public or other authorized officer to administer the oath and oversee the recording of the deposition.
• Remote Depositions: Permits the administration of oaths remotely, provided that the officer can verify the identity of the deponent and ensure the integrity of the process.
• Hybrid Depositions: Allows for the simultaneous participation of in-person and remote parties, with the officer responsible for ensuring that all participants are properly recorded and that the proceedings are conducted fairly.

This rule determines where a deposition may be taken, providing guidelines for the location of in-person depositions and the jurisdictional considerations for remote depositions.

Impact on New York Depositions:

• In-Person Depositions: Typically held within the state of New York, or at a location agreed upon by all parties, with considerations for the convenience of the deponent.
• Remote Depositions: Allows depositions to be taken remotely from any location, provided the notice specifies this method and all parties agree.
• Hybrid Depositions: May be conducted with some participants in New York and others joining remotely. The location of the in-person participants must still comply with the jurisdictional rules outlined in the statute.

This section addresses the objections that may be raised during a deposition, including the timing and manner of objections, whether in-person or remote.

Impact on New York Depositions:

• In-Person Depositions: Objections must be stated concisely on the record, and the deponent must answer unless the objection pertains to privilege.
• Remote Depositions: Objections are handled similarly to in-person depositions, with the requirement that all participants can clearly hear and understand the objection despite the use of electronic means.
• Hybrid Depositions: Ensures that objections are properly recorded and addressed, regardless of whether the objection is made by an in-person or remote participant.

This statute governs the process for reviewing, signing, and certifying deposition transcripts or recordings, ensuring their accuracy and integrity.

Impact on New York Depositions:

• In-Person Depositions: The deponent must review and sign the deposition transcript unless waived. The officer certifies the transcript's accuracy.
• Remote Depositions: The deponent may review and sign the transcript electronically. The officer certifies that the remote process adhered to the required legal standards.
• Hybrid Depositions: Both in-person and remote participants are given the opportunity to review and sign the transcript. The officer must ensure that the combined record accurately reflects the entire deposition.

This rule specifically addresses the use of video recording in depositions, including requirements for the operation of recording equipment and the handling of video records.

Impact on New York Depositions:

• In-Person Depositions: Allows for the video recording of depositions, with the stipulation that the recording must be clear, uninterrupted, and handled by a qualified technician.
• Remote Depositions: Video recordings taken remotely must meet the same standards as in-person recordings, ensuring clear visibility and audibility of all participants. The technology used must be reliable and secure.
• Hybrid Depositions: Video recordings may include both in-person and remote participants, with the requirement that all segments are synchronized and properly maintained to reflect the full deposition.

(a) Unless otherwise provided herein, this Part shall govern the format of each page of a transcript of court proceedings to be furnished by a court reporter who is an employee of the Unified Court System or who is an independent contractor, the rate of payment to which he or she is entitled therefor, and the requirements for the agreement between court reporter and the requesting party.

(b) For purposes of this Part, the term "transcript" shall mean a transcription of the stenographic minutes taken by one or more court reporters, constituting a complete record of all court proceedings in a case.

(a) Transcripts shall be on paper which is 8 1/2 x 11 inches in size.

(b) Each page of a transcript shall conform to the following specifications:

(1) Each page, except those listed in subparagraphs (i) through (iii) of this paragraph, shall have 25 numbered lines of material thereon, excluding a line devoted to the title and page number:

(i) the page on which the title is included or, if transcription of the title requires more than one page, the last of such pages;

(ii) the page on which the index is included or, if transcription of the index requires more than one page, the last of such pages; and

(iii) for each day on which a court reporter takes minutes of proceedings in a case, the last page of the transcription thereof, or, where more than one court reporter takes minutes of the proceedings in a case, the last such page of each portion of the transcript furnished by each court reporter.

(2) There shall be 10-type characters per inch.

(3) The left-hand margin shall be indented 1 3/4 inches from the left-hand edge of the page and shall be marked by two lines, 1/16 of an inch apart, extending from the top to the bottom of each page. The right-hand margin shall be indented 3/8 of an inch from the right-hand edge and shall be marked by a single line extending from the top to the bottom of each page. Each line of transcribed material shall extend as closely as possible to the right-hand margin.

(4) The horizontal writing block shall be 6 5/16 inches. The vertical writing block shall be 9 inches.

(c) The testimony and colloquy portions of a transcript shall be in a format as follows:

(1) In the testimony portion, the first line of each question and each answer shall be indented five spaces from the left-hand margin and shall be commenced by a "Q" or "A" as appropriate. The text of each such line shall then commence 10 spaces from the left-hand margin. Each subsequent line of a question or answer shall commence at the left-hand margin.

(2) [For application of this subdivision, see note below. See, also, subdivision (2) below.] In the colloquy portion, the first line of each speaker's remarks shall be indented 15 spaces from the left-hand margin and shall be commenced with a designation of the speaker's name, followed by a colon, two spaces and the start of his or her remarks. Each subsequent line of such remarks shall be indented 5 spaces from the left-hand margin, except that the first line of each succeeding paragraph of such remarks shall be indented 15 spaces from the left-hand margin.

(2) [For application of this subdivision, see note below. See, also, subdivision (2) below.] In the colloquy portion, the first line of each speaker's remarks shall be indented 15 spaces from the left-hand margin and shall be commenced with a designation of the speaker's name, followed by a colon, two spaces and the start of his or her remarks. Each subsequent line of such remarks shall be indented 10 spaces from the left-hand margin, except that the first line of each succeeding paragraph of such remarks shall be indented 15 spaces from the left-hand margin.

(d) The first page of each transcript shall include a title setting forth only the following:

(1) the court, the county or city of venue, and the part in which the proceedings were held;

(2) the name of the case;

(3) the number of the accusatory instrument(s) or case number(s), the charge and the nature of the proceedings;

(4) the address of the courthouse;

(5) the date(s) of the proceedings;

(6) the presiding authority;

(7) whether the proceedings were before a jury;

(8) the appearances of counsel for the parties; and

(9) the name of each court reporter and each court interpreter, if any.

A transcription of each subsequent day's proceedings shall include an abbreviated title setting forth only the matter specified in paragraphs (1) through (7) of this subdivision. Such abbreviated title shall also include a statement that the appearances of counsel are as previously recited, except that where there are changes in the appearances, such changes shall be set forth.

(e) Each transcript shall include a single index; except that, where more than one court reporter takes minutes of the proceedings in a case, there may be a separate index for each portion of the transcript of the proceedings furnished by each such court reporter. The index shall set forth the following:

(1) the party who called the witness, the name of each witness testifying in the proceedings recorded therein, together with the page or pages on which his or her testimony is given, and whether such testimony was given as part of direct examination, cross-examination or some other form of examination; and

(2) the party who proffered each exhibit, a description of each of the exhibits submitted by each party, together with the page or pages on which it was offered for identification and introduced into evidence.

(f) Sample transcript pages reflecting the specifications required herein are displayed in the Appendix to this Part.1

(a) [For application of this subsection, see note below. See, also, subsection (a) below.] Each court reporter who furnishes a transcript of a court proceeding shall, at the time the transcript is requested, enter into a written agreement for its production with the person or party requesting the transcript. The agreement shall be made on the form set forth in the Appendix to this Part.

(a) [For application of this subsection, see note below. See, also, subsection (a) above.] Each court reporter who furnishes a transcript of a court proceeding, shall, at the time the transcript is requested, enter into a written agreement for its production with the person or party requesting the transcript. The agreement shall be made on a form prescribed by the Chief Administrator of the Courts and shall set forth the rate per page, the estimated number of pages, and the date by which the transcript shall be produced.

(b) Except as otherwise may be provided in a memorandum of understanding with the Unified Court System, each court reporter who enters into such written agreement shall file a copy of that agreement in the office of the appropriate Administrative Judge, or his or her designee, no later than seven days after entering into the agreement.

(c) [For application of this subsection, see note below. See, also, subsection (c) below.] This section shall not apply where payment to the court reporter for the transcript is to come from public funds.

(c) [For application of this subsection, see note below. See, also, subsection (c) above.] This subsection shall not apply where the unified court system is responsible for payment to the court reporter for the transcript.