Rule 40-49. Manner of Taking Deposition

The witness shall be put on oath and a verbatim record of his or her testimony shall be made. The testimony shall be taken stenographically and transcribed, unless the judicial authority orders otherwise. In the event that the judicial authority orders that the testimony at a deposition be recorded by other than stenographic means, the order shall designate the manner of recording e.g., video, preserving, and filing the deposition, and it may include other provisions to assure that the recorded testimony will be accurate and trustworthy. If such an order is made, a party may nevertheless arrange to have a stenographic transcription made at his or her own expense.

Committee Notes

(P.B. 1978-1997, Sec. 796.) TECHNICAL CHANGE: A technical change was made to update the terminology to align with current technology and practice.