Opinion
Civil Action No. 02 CV 72004 DT.
March 23, 2006
DISCOVERY ORDER
The court conducted an unrecorded conference call with counsel for the parties who called regarding a videotape of a deposition to be taken Friday, March 24, 2006, in Houston, Texas. The parties discussed their concerns with the magistrate judge to whom this matter had been referred.
The parties current practice is to videotape the witness only (not the attorneys) with one camera. CMS requests for this deposition a second camera to record the lawyers speaking. After discussion and consideration of the arguments and relevant case law, the magistrate judge finds that no second camera is legally required but one may be used in this instance at CMS's expense and without being deemed a "taxable cost." Such second camera shall record in one shot the deponent and the lawyers (the questioner and the objector). The remaining details shall follow the parties' past practice. No ruling is made with respect to any issues of admissibility at trial of either tape, and these remain for stipulation or resolution by the district judge at a later stage in the case.
No costs to either side.
SO ORDERED.