Minnesota Supreme Court Reviews Rule Change to Simplify Use of Video Depositions
The Minnesota Supreme Court is reviewing a rule change that could simplify the process of using videoconference recordings in depositions. The current Minnesota Rules of Civil Procedure do not explicitly require a 'certified videographer' for video depositions, but some courts have interpreted the rules this way. The amendment under consideration aims to clarify this issue.
The majority of federal courts have admitted deposition recordings without a certified videographer. This aligns with common sense, as the case law strongly favors the admissibility of Zoom-recorded depositions. However, a minority position, seen in a federal district court in Illinois, requires certification from an individual who can verify the recording apart from the transcript.
Attorneys at Eckland & Blando recently addressed this issue before a trial, with the District Court showing receptiveness to acknowledging the requirement for a certified videographer. Despite this, no Minnesota courts have yet issued a decision waiving this requirement. During the COVID-19 pandemic, practitioners increasingly used Zoom for virtual depositions, which continues to this day. Zoom reduces costs by allowing parties to record videos themselves through a simple button.
The Minnesota Supreme Court's consideration of this amendment could streamline the process for using videoconference recordings in depositions. Litigants can ensure admissibility by using certified videographers or obtaining opposing counsel's consent. The final decision will clarify the rules and potentially save costs for litigants.
