In a case of first impression, a Bergen County, N.J., judge has ruled that a plaintiff can compel the videotaping of her own deposition, even if the deposing party opposes it.

Superior Court Judge Rachelle Harz wrote that a plaintiff-driven recording does not run afoul of the court rule governing videotaped depositions and that any party may videotape a deposition.

Defense counsel had argued that the request to videotape the proposal 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 does not run afoul of rules governing recorded depositions. The case is LaMarche v. Hackensack University Medical Center.  Maria Vogel-Short, Law.com  08/21/2008

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