N.M. R. Child. Ct. 10-134

As amended through August 23, 2024

Rule 10-134 - Audiotaped and videotaped depositions

A.Definition; "stenographic recording". As used in these rules, "stenographic recording" or "stenographically recorded" shall mean reporting by simultaneous verbatim reporting.

B.Audio-video deposition requirements. If a proceeding is to be recorded by audiotape or videotape, unless the court otherwise orders or the parties otherwise stipulate:

(1) at the commencement of the deposition the operator shall swear or affirm to record the proceedings fairly and accurately;

(2) the deposition shall begin with an oral or written statement on camera or on the audiotape that includes: the operator's name and business address; the name and business address of the operator's employer, if any; the date, time and place of the deposition; the caption of the case; the name of the deponent; the party on whose behalf the deposition is being taken; and any stipulations by the parties;

(3) each witness, attorney and other person attending the deposition shall be identified on tape or on camera at the commencement of the deposition. Only the deponent and demonstrative materials used during the deposition will be videotaped;

(4) the audiotape or videotape operator shall not distort the voice, appearance or the demeanor of participants in the deposition by the use of camera or sound recording techniques. At a videotaped deposition, unless physically incapacitated, the deponent shall be seated at a table or in a witness box except when reviewing or presenting demonstrative materials for which a change in position is needed. To the extent practicable, the deposition will be conducted in a neutral setting, against a solid background, with appropriate lighting. Lighting, camera angle, lens setting and field of view will be changed only as necessary to record accurately the natural body movements of the deponent or to portray exhibits and materials used during the deposition. At both audiotaped and videotaped depositions, sound levels will be altered only as necessary to record satisfactorily the voices of counsel and the deponent;

(5) when the parties go off the record, the audio or video operator will state on the tape "going off the record, the time is __________ ". At this point no audio or video recording shall be made. When going back on the record, the operator will state on the tape "going back on the record, the time is __________ ";

(6) if the length of a deposition requires the use of more than one tape, the end of each tape and the beginning of each succeeding tape shall be announced on the audiotape or videotape;

(7) the audio or video operator shall use a counter on the recording equipment and shall prepare a log, cross-referenced to counter numbers, that identifies the positions on the tape: at which examination by different counsel begins and ends; at which exhibits are identified; and at which any interruption of continuous tape recording occurs, whether for recesses, "off the record" discussions, mechanical failure or otherwise;

(8) at the conclusion of the deposition, a statement shall be made on the audiotape or videotape that the deposition is ended. The operator shall mark as "original" and consecutively number each tape;

(9) the original audio or video recording may not be edited or altered. Copies of the audiotape or videotape may be redacted as may be appropriate for use in court;

C.Approval of audiotaped or videotaped deposition. If there is no stenographic transcription of the deposition, the person in possession of the audio or videotape promptly shall provide a copy of the tape to the deponent, unless the deponent and all parties attending the deposition have agreed on the record to waive review, correction and certification by the deponent. Within thirty (30) days after receipt of the audio or videotape, if there are changes in form or substance, the deponent shall sign a statement reciting such changes and the reasons given by the deponent for making them. If the deponent fails to provide a timely signed statement, no changes may later be made to the deposition.

D.Use in court proceedings. A party desiring to use an audiotaped or videotaped deposition pursuant to Rule 10-135 NMRA shall be responsible for having available appropriate playback equipment and an operator.

N.M. R. Child. Ct. 10-134

Approved, effective 2/1/2002.