Judge: Plaintiff Can Compel Videotaped Deposition

Clients of ABRAMS LANDAU know that Doug Landau frequently videotapes depositions, both in his office, at other offices, and even at the scene of the accident. He is shown here with noted Connecticut Trial Lawyer Robert Reardon, and the videographer and court reporter from Casamo Court Reporting Company before a taped deposition at the Landau Law Shop.

Recent examples of videotaped oral examinations under oath include: a fatal trash truck accident where a worker was run over and crushed to death; a bicycle crash where the cyclist’s ankle was fractured; and, a dog attack where a police officer was bitten on her shooting arm. While his investment of time, money and effort in doing this is unique among trial lawyers, a recent ruling from the Garden State adds ammunition to Landau’s arguments when defense lawyers object to their clients and witnesses being filmed.

In the recent case of LaMarche v. Hackensack University Medical Center, the judge ruled that a plaintiff can compel the videotaping of a deposition even if deposing counsel opposes it. According to Maria Vogel-Short’s 8/21/2008 article at Law.com, Defense counsel had argued that the request to videotape would limit how attorneys conducted discovery. In the ruling, Superior Court Judge Rachelle Harz noted that videotaping has become a common practice in most jurisdictions and the plaintiff’s request did not run afoul of rules governing recorded depositions. Doug Landau applauds Judge Harz’s ruling and has been filming pre-trial depositions of defendants, witnesses and medical experts in New Jersey for over 20 years !