Opening and Closing Statements for Video Depositions
Usually, the court reporter will open a deposition, whether it is a video deposition or not, with a standard form opening. Likewise, when the deposition is ended, usually the court reporter will make a standard statement.
But sometimes the court reporter will not make such a standard opening or closing, and sometimes you may want something done other than as provided by the court rules. Under those circumstances, you may want to be prepared to give an opening or closing statement yourself. Following below are models you can use in preparing an opening or closing statement by the attorney.
Sample: FORM OPENING STATEMENT FOR VIDEO DEPOSITION
Let the record show that this deposition of (1) is being taken on behalf of (2) at (3) . Today’s date is (4a) . The time is (4b) .
The audio visual recording is being done by (5) . The court reporter is (6) .
The formal caption of the case is (8) .
Present today representing the plaintiff is (9) . Present representing the defendant is (10). Will everyone else present in the deposition room please state their name and who they represent or the reason for their appearance here.
Would (11) please administer the oath to the witness? [Oath administered on camera.]
Sample: FORM ENDING STATEMENT FOR CONCLUSION OF DEPOSITION
Let the record show that the deposition of (1) is now completed.
(If you do not want the original deposition exhibits to be treated in accordance with the court rules: state what will be done with originals of exhibits.)
E.g., Each attorney will retain any original exhibit they brought to the deposition, and will give a copy to the other attorney. The original exhibits will be kept and will be made available at trial by the attorney now retaining it.
(If you do not want the witness to sign the deposition: state an agreement by all parties to that departure from the court rules.)
E.g., Is it agreed by all attorneys and the witness that the reading and signing of the transcript is waived?
This ends the audio-visual recording.