Recommended Notice Language

Modified on Fri, 11 Nov 2022 at 11:44 AM

Overview

Because the Code(s) governing remote events, method & admissibility differ from state-to-state, DepoDirect has created a list of state-specific language we recommend you include in your notice before scheduling your next deposition. Please review the language for your state below. If you have any questions, please use our Submit a Ticket page.


Disclaimer: This document is provided for informational purposes and not for the purpose of providing legal advice. Because the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, you should not rely upon the materials provided by DepoDirect without first consulting an attorney with respect to your specific situation. Further, the use of this document or any materials provided by DepoDirect does not create an attorney-client relationship between you and DepoDirect.


States




Alabama

⚠️ Stipulation


This state requires a written stipulation regarding methodology.


Pursuant to Alabama Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


IT IS HEREBY STIPULATED AND AGREED BETWEEN THE PARTIES HERETO, BY THEIR UNDERSIGNED COUNSEL, AS FOLLOWS:


1.    The parties in the above-captioned action intend to employ DepoDirect's Custodian of the Record service for one or more of the depositions taken in this action.

2.    All depositions taken pursuant to this stipulation will be recorded by audio or audiovisual means, as permitted by Alabama Code of Civil Procedure. All depositions taken pursuant to this stipulation will follow DepoDirect's reporting process, including a certified notary administering oaths and managing deposition technology, deposition testimony recording by digital audio technology utilizing artificial intelligence and machine learning software to produce a rough draft, and a Certified Transcriptionist reviewing and finalizing the deposition testimony if a certified deposition transcript is requested.

3.    The parties may choose to order, or not order an audio and/or digital recording and/or a rough or certified transcript of the proceedings.

4.    In compliance with Alabama Code of Civil Procedure, the witness will be notified of the opportunity to read, correct and sign the deposition testimony when a certified copy of the transcript is prepared and that the transcript as signed and modified with any corrections by the witness (or, if not signed and returned within 30 days, in the same form in which it was tendered to the witness for review) may be used at trial or any other procedural context as provided for in Alabama Code of Civil Procedure to the same extent as if it were a stenographic transcript that had been signed (or not signed after 30 days) pursuant to Alabama Code of Civil Procedure.

5.    The parties will cooperate to encourage non-party witnesses giving depositions in this action to agree to follow this same protocol.


Alaska

Allowed


“The testimony shall be taken stenographically or recorded by audio or audiovisual means.”
Rule 30 - Depositions Upon Oral Examination, Alaska R. Civ. P. 30


Pursuant to Alaska Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Alaska.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Arizona

⚠️ Agree


This state requires language regarding methodology be included in the deposition notice.


Pursuant to Arizona Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Arizona. The final, certified transcript produced from the audio recordings may be used at trial or any other procedural context pursuant to the Arizona Code of Civil Procedure.


PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.


Arkansas

Allowed


“Unless the court orders otherwise, it may be recorded by sound, sound-and-visual, or stenographic means...”
Rule 30 - Depositions Upon Oral Examination, Ark. R. Civ. P. 30

Pursuant to Arkansas Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Arkansas.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



California

⚠️ Agree


This state requires language regarding methodology be included in the deposition notice.


Pursuant to California Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of California. The final, certified transcript produced from the audio recordings may be used at trial or any other procedural context pursuant to the California Code of Civil Procedure.


PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.


Colorado

Allowed


“The party taking the deposition shall state in the notice the method by which the testimony shall be recorded, which, unless the court otherwise orders, may be by sound, sound-and-visual, or stenographic means.”
Rule 30 - Depositions Upon Oral Examination, Colo. R. Civ. P. 30

Pursuant to Colorado Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Colorado.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Connecticut

Allowed


“Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means.”
Rule 30 - Depositions by Oral Examination, Sup. Ct. R. D.C. 30

Pursuant to Federal Code of Civil Procedure used by Connecticut referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Connecticut.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Delaware

Allowed


“Unless the Court orders otherwise, it may be recorded by sound, sound-and-visual, or stenographic means...”
Rule 30 - Depositions upon oral examination, Del. R. Civ. P. Super. Ct. 30

Pursuant to Delaware Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Delaware.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



District of Columbia

Allowed


“Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means.”
Rule 30 - Depositions by Oral Examination, Sup. Ct. R. D.C. 30

Pursuant to Federal Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the District of Columbia.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Florida

⚠️ Agree


This state requires language regarding methodology be included in the deposition notice.


Pursuant to Florida Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Florida. The final, certified transcript produced from the audio recordings may be used at trial or any other procedural context pursuant to the Florida Code of Civil Procedure.


PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.


Georgia

⚠️ Stipulation


This state requires a written stipulation regarding methodology.


Pursuant to Georgia Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


IT IS HEREBY STIPULATED AND AGREED BETWEEN THE PARTIES HERETO, BY THEIR UNDERSIGNED COUNSEL, AS FOLLOWS:


1.    The parties in the above-captioned action intend to employ DepoDirect's Custodian of the Record service for one or more of the depositions taken in this action.

2.    All depositions taken pursuant to this stipulation will be recorded by audio or audiovisual means, as permitted by Georgia Code of Civil Procedure. All depositions taken pursuant to this stipulation will follow DepoDirect's reporting process, including a certified notary administering oaths and managing deposition technology, deposition testimony recording by digital audio technology utilizing artificial intelligence and machine learning software to produce a rough draft, and a Certified Transcriptionist reviewing and finalizing the deposition testimony if a certified deposition transcript is requested.

3.    The parties may choose to order, or not order an audio and/or digital recording and/or a rough or certified transcript of the proceedings.

4.    In compliance with Georgia Code of Civil Procedure, the witness will be notified of the opportunity to read, correct and sign the deposition testimony when a certified copy of the transcript is prepared and that the transcript as signed and modified with any corrections by the witness (or, if not signed and returned within 30 days, in the same form in which it was tendered to the witness for review) may be used at trial or any other procedural context as provided for in Georgia Code of Civil Procedure to the same extent as if it were a stenographic transcript that had been signed (or not signed after 30 days) pursuant to Georgia Code of Civil Procedure.

5.    The parties will cooperate to encourage non-party witnesses giving depositions in this action to agree to follow this same protocol.


Hawaii

Allowed


“Unless the court orders otherwise, it may be recorded by sound, sound-and-visual, or stenographic means”
Rule 30 - Depositions upon Oral Examination, Haw. R. Civ. P. 30

Pursuant to Hawaii Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Hawaii.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Idaho

⚠️ Stipulation


This state requires a written stipulation regarding methodology.


Pursuant to Idaho Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


IT IS HEREBY STIPULATED AND AGREED BETWEEN THE PARTIES HERETO, BY THEIR UNDERSIGNED COUNSEL, AS FOLLOWS:


1.    The parties in the above-captioned action intend to employ DepoDirect's Custodian of the Record service for one or more of the depositions taken in this action.

2.    All depositions taken pursuant to this stipulation will be recorded by audio or audiovisual means, as permitted by Idaho Code of Civil Procedure. All depositions taken pursuant to this stipulation will follow DepoDirect's reporting process, including a certified notary administering oaths and managing deposition technology, deposition testimony recording by digital audio technology utilizing artificial intelligence and machine learning software to produce a rough draft, and a Certified Transcriptionist reviewing and finalizing the deposition testimony if a certified deposition transcript is requested.

3.    The parties may choose to order, or not order an audio and/or digital recording and/or a rough or certified transcript of the proceedings.

4.    In compliance with Idaho Code of Civil Procedure, the witness will be notified of the opportunity to read, correct and sign the deposition testimony when a certified copy of the transcript is prepared and that the transcript as signed and modified with any corrections by the witness (or, if not signed and returned within 30 days, in the same form in which it was tendered to the witness for review) may be used at trial or any other procedural context as provided for in Idaho Code of Civil Procedure to the same extent as if it were a stenographic transcript that had been signed (or not signed after 30 days) pursuant to Idaho Code of Civil Procedure.

5.    The parties will cooperate to encourage non-party witnesses giving depositions in this action to agree to follow this same protocol.


Illinois

Allowed


“The testimony shall be taken stenographically, by sound-recording device, by audio-visual recording device, or by any combination of all three.”
Rule 206 - Method of Taking Depositions on Oral Examination, Ill. Sup. Ct. R. 206

Pursuant to Illinois Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Illinois.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Indiana

Allowed


“If a party taking a deposition wishes to have the testimony recorded other than in a manner provided in Rule 74, the notice shall specify the manner of recording and preserving the deposition.”
Rule 30 - Depositions Upon Oral Examination, Ind. R. Trial. P. 30

Pursuant to Indiana Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Indiana.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Iowa

❗️Requires Motion of Court


A request must be made to the court to proceed with non-stenographic means. The court may then grant permission or require the non-stenographic method.


Kansas

⚠️ Stipulation


This state requires a written stipulation regarding methodology.


Pursuant to Kansas Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


IT IS HEREBY STIPULATED AND AGREED BETWEEN THE PARTIES HERETO, BY THEIR UNDERSIGNED COUNSEL, AS FOLLOWS:


1.    The parties in the above-captioned action intend to employ DepoDirect's Custodian of the Record service for one or more of the depositions taken in this action.

2.    All depositions taken pursuant to this stipulation will be recorded by audio or audiovisual means, as permitted by Kansas Code of Civil Procedure. All depositions taken pursuant to this stipulation will follow DepoDirect's reporting process, including a certified notary administering oaths and managing deposition technology, deposition testimony recording by digital audio technology utilizing artificial intelligence and machine learning software to produce a rough draft, and a Certified Transcriptionist reviewing and finalizing the deposition testimony if a certified deposition transcript is requested.

3.    The parties may choose to order, or not order an audio and/or digital recording and/or a rough or certified transcript of the proceedings.

4.    In compliance with Kansas Code of Civil Procedure, the witness will be notified of the opportunity to read, correct and sign the deposition testimony when a certified copy of the transcript is prepared and that the transcript as signed and modified with any corrections by the witness (or, if not signed and returned within 30 days, in the same form in which it was tendered to the witness for review) may be used at trial or any other procedural context as provided for in Kansas Code of Civil Procedure to the same extent as if it were a stenographic transcript that had been signed (or not signed after 30 days) pursuant to Kansas Code of Civil Procedure.

5.    The parties will cooperate to encourage non-party witnesses giving depositions in this action to agree to follow this same protocol.


Kentucky

Allowed


“A stenographic transcript, in addition to the video recording, will not be necessary. Any party desiring such a transcript may obtain it at that party's cost.”
Rule 30.02 - Notice of examination: general requirements; special notice; nonstenographic recording; production of documents and things; deposition of organization, Ky. R. Civ. P. 30.02

Pursuant to Kentucky Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Kentucky.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Louisiana

⚠️ Agree


This state requires language regarding methodology be included in the deposition notice.


Pursuant to Louisiana Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Louisiana. The final, certified transcript produced from the audio recordings may be used at trial or any other procedural context pursuant to the Louisiana Code of Civil Procedure.


PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.


Maine

Allowed


“Any party may record a deposition by any means, provided that the recording does not disrupt or impede the deposition process. The method of recording specified in the notice by the party noticing the deposition shall constitute the only official record of the deposition.”
Rule 30 - Depositions upon Oral Examination, Me. R. Civ. P. 30

Pursuant to Maine Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Maine.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Maryland

Allowed


“The testimony shall be recorded stenographically or, pursuant to Rule 2-416, by electronic audio or audio-video recording.”
Rule 2-415 - Deposition-Procedure, Md. R. Civ. P. Cir. Ct. 2-415

Pursuant to Maryland Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Maryland.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Massachusetts

⚠️ Stipulation


This state requires a written stipulation regarding methodology.


Pursuant to Massachusetts Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


IT IS HEREBY STIPULATED AND AGREED BETWEEN THE PARTIES HERETO, BY THEIR UNDERSIGNED COUNSEL, AS FOLLOWS:


1.    The parties in the above-captioned action intend to employ DepoDirect's Custodian of the Record service for one or more of the depositions taken in this action.

2.    All depositions taken pursuant to this stipulation will be recorded by audio or audiovisual means, as permitted by Massachusetts Code of Civil Procedure. All depositions taken pursuant to this stipulation will follow DepoDirect's reporting process, including a certified notary administering oaths and managing deposition technology, deposition testimony recording by digital audio technology utilizing artificial intelligence and machine learning software to produce a rough draft, and a Certified Transcriptionist reviewing and finalizing the deposition testimony if a certified deposition transcript is requested.

3.    The parties may choose to order, or not order an audio and/or digital recording and/or a rough or certified transcript of the proceedings.

4.    In compliance with Massachusetts Code of Civil Procedure, the witness will be notified of the opportunity to read, correct and sign the deposition testimony when a certified copy of the transcript is prepared and that the transcript as signed and modified with any corrections by the witness (or, if not signed and returned within 30 days, in the same form in which it was tendered to the witness for review) may be used at trial or any other procedural context as provided for in Massachusetts Code of Civil Procedure to the same extent as if it were a stenographic transcript that had been signed (or not signed after 30 days) pursuant to Massachusetts Code of Civil Procedure.

5.    The parties will cooperate to encourage non-party witnesses giving depositions in this action to agree to follow this same protocol.


Michigan

⚠️ Stipulation


This state requires a written stipulation regarding methodology.


Pursuant to Michigan Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


IT IS HEREBY STIPULATED AND AGREED BETWEEN THE PARTIES HERETO, BY THEIR UNDERSIGNED COUNSEL, AS FOLLOWS:


1.    The parties in the above-captioned action intend to employ DepoDirect's Custodian of the Record service for one or more of the depositions taken in this action.

2.    All depositions taken pursuant to this stipulation will be recorded by audio or audiovisual means, as permitted by Michigan Code of Civil Procedure. All depositions taken pursuant to this stipulation will follow DepoDirect's reporting process, including a certified notary administering oaths and managing deposition technology, deposition testimony recording by digital audio technology utilizing artificial intelligence and machine learning software to produce a rough draft, and a Certified Transcriptionist reviewing and finalizing the deposition testimony if a certified deposition transcript is requested.

3.    The parties may choose to order, or not order an audio and/or digital recording and/or a rough or certified transcript of the proceedings.

4.    In compliance with Michigan Code of Civil Procedure, the witness will be notified of the opportunity to read, correct and sign the deposition testimony when a certified copy of the transcript is prepared and that the transcript as signed and modified with any corrections by the witness (or, if not signed and returned within 30 days, in the same form in which it was tendered to the witness for review) may be used at trial or any other procedural context as provided for in Michigan Code of Civil Procedure to the same extent as if it were a stenographic transcript that had been signed (or not signed after 30 days) pursuant to Michigan Code of Civil Procedure.

5.    The parties will cooperate to encourage non-party witnesses giving depositions in this action to agree to follow this same protocol.


Minnesota

Allowed


“The party taking the deposition shall state in the notice the method by which the testimony shall be recorded. Unless the court orders otherwise, it may be recorded by sound, sound-and-visual, or stenographic means...”
Rule 30.02 - Notice of Examination: General Requirements: Special Notice; Non-Stenographic Method of Recording; Production of Documents and Things; Deposition of Organization; Depositions by Telephone [Effective until July 1, 2022], Minn. R. Civ. P. 30.02

Pursuant to Minnesota Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Minnesota.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Mississippi

Allowed


“The notice of deposition required under (1) of this subsection (b) may provide that the testimony be recorded by other than stenographic means, in which event the notice shall designate the manner of recording and preserving the deposition.”
Rule 30 - Depositions upon Oral Examination [Effective until October 7, 2021], Miss. R. Civ. P. 30

Pursuant to Mississippi Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Mississippi.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Missouri

⚠️ Agree


This state requires language regarding methodology be included in the deposition notice.


Pursuant to Missouri Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Missouri. The final, certified transcript produced from the audio recordings may be used at trial or any other procedural context pursuant to the Missouri Code of Civil Procedure.


PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.


Montana

Allowed


“The party who notices the deposition must state in the notice the method for recording the testimony. Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means.”
M.R. Civ. P. 30

Pursuant to Montana Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Montana.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Nebraska

Allowed


“Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means, or any combination of those means.”

Section 6-330 - Depositions upon oral examination, Neb. Sup. Ct. R. 6-330

Pursuant to Nebraska Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Nebraska.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Nevada

Allowed


“The party who notices the deposition must state in the notice the method for recording the testimony. Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means.”
Rule 30 - Depositions by Oral Examination, Nev. R. Civ. P. 30

Pursuant to Nevada Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Nevada.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



New Hampshire

Allowed


Pursuant to New Hampshire Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of New Hampshire.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



New Jersey

Allowed


“If the officer is not a certified shorthand reporter, then unless reading and signing of the deposition are waived by stipulation of the parties, the officer shall request the deponent to appear at a stated time for the purpose of reading and signing it.”
Rule 4:14 - Depositions Upon Oral Examination, N.J. Ct. R. 4:14

Pursuant to New Jersey Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of New Jersey.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



New Mexico

Allowed


“The party taking the deposition shall state in the notice the method by which the testimony shall be recorded. Unless the court orders otherwise, it may be recorded by sound, sound-and-visual or stenographic means”
Rule 1-030 - Depositions upon oral examination, N.M. R. Civ. P. Dist. Ct. 1-030

Pursuant to New Mexico Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of New Mexico.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



New York

Allowed


“The testimony shall be recorded by stenographic or other means”
Rule 3113 (b) - Conduct of the examination

Pursuant to New York Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of New York.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



North Carolina

Allowed


“Unless the court orders otherwise, testimony at a deposition may be recorded by sound recording, sound-and-visual, or stenographic means.”
N.C. Gen. Stat. § 30

Pursuant to New York Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of New York.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



North Dakota

Allowed


“The party who notices the deposition must state in the notice the method for recording the testimony. Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means.”
Rule 30 - Depositions by Oral Examination, N.D. R. Civ. P. 30

Pursuant to North Dakota Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of North Dakota.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Ohio

Allowed


“If a party taking a deposition wishes to have the testimony recorded by other than stenographic means, the notice shall specify the manner of recording, preserving, and filing the deposition.”
Rule 30 - Depositions upon Oral Examination, Ohio Civ.R. 30

Pursuant to Ohio Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Ohio.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Oklahoma

⚠️ Stipulation


This state requires a written stipulation regarding methodology.


Pursuant to Oklahoma Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


IT IS HEREBY STIPULATED AND AGREED BETWEEN THE PARTIES HERETO, BY THEIR UNDERSIGNED COUNSEL, AS FOLLOWS:


1.    The parties in the above-captioned action intend to employ DepoDirect's Custodian of the Record service for one or more of the depositions taken in this action.

2.    All depositions taken pursuant to this stipulation will be recorded by audio or audiovisual means, as permitted by Oklahoma Code of Civil Procedure. All depositions taken pursuant to this stipulation will follow DepoDirect's reporting process, including a certified notary administering oaths and managing deposition technology, deposition testimony recording by digital audio technology utilizing artificial intelligence and machine learning software to produce a rough draft, and a Certified Transcriptionist reviewing and finalizing the deposition testimony if a certified deposition transcript is requested.

3.    The parties may choose to order, or not order an audio and/or digital recording and/or a rough or certified transcript of the proceedings.

4.    In compliance with Oklahoma Code of Civil Procedure, the witness will be notified of the opportunity to read, correct and sign the deposition testimony when a certified copy of the transcript is prepared and that the transcript as signed and modified with any corrections by the witness (or, if not signed and returned within 30 days, in the same form in which it was tendered to the witness for review) may be used at trial or any other procedural context as provided for in Oklahoma Code of Civil Procedure to the same extent as if it were a stenographic transcript that had been signed (or not signed after 30 days) pursuant to Oklahoma Code of Civil Procedure.

5.    The parties will cooperate to encourage non-party witnesses giving depositions in this action to agree to follow this same protocol.


Oregon

Allowed


“The notice of deposition required under subsection (1) of this section may provide that the testimony will be recorded by other than stenographic means, in which event the notice shall designate the manner of recording and preserving the deposition.”
Rule 39 - Depositions Upon Oral Examination, Or. R. Civ. P. 39

Pursuant to Oregon Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Oregon.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Pennsylvania

⚠️ Agree


This state requires language regarding methodology be included in the deposition notice.


Pursuant to Pennsylvania Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Pennsylvania. The final, certified transcript produced from the audio recordings may be used at trial or any other procedural context pursuant to the Pennsylvania Code of Civil Procedure.


PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.


Rhode Island

Allowed


“The party taking the deposition shall state in the notice the method by which the testimony shall be recorded. Unless the court orders otherwise, it may be recorded by sound, sound-and-visual, or stenographic means”
Rule 30 - Depositions upon Oral Examination., R.I. Super. Ct. R. Civ. P. 30

Pursuant to Rhode Island Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Rhode Island.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



South Carolina

⚠️ Stipulation


This state requires a written stipulation regarding methodology.


Pursuant to South Carolina Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


IT IS HEREBY STIPULATED AND AGREED BETWEEN THE PARTIES HERETO, BY THEIR UNDERSIGNED COUNSEL, AS FOLLOWS:


1.    The parties in the above-captioned action intend to employ DepoDirect's Custodian of the Record service for one or more of the depositions taken in this action.

2.    All depositions taken pursuant to this stipulation will be recorded by audio or audiovisual means, as permitted by South Carolina Code of Civil Procedure. All depositions taken pursuant to this stipulation will follow DepoDirect's reporting process, including a certified notary administering oaths and managing deposition technology, deposition testimony recording by digital audio technology utilizing artificial intelligence and machine learning software to produce a rough draft, and a Certified Transcriptionist reviewing and finalizing the deposition testimony if a certified deposition transcript is requested.

3.    The parties may choose to order, or not order an audio and/or digital recording and/or a rough or certified transcript of the proceedings.

4.    In compliance with South Carolina Code of Civil Procedure, the witness will be notified of the opportunity to read, correct and sign the deposition testimony when a certified copy of the transcript is prepared and that the transcript as signed and modified with any corrections by the witness (or, if not signed and returned within 30 days, in the same form in which it was tendered to the witness for review) may be used at trial or any other procedural context as provided for in South Carolina Code of Civil Procedure to the same extent as if it were a stenographic transcript that had been signed (or not signed after 30 days) pursuant to South Carolina Code of Civil Procedure.

5.    The parties will cooperate to encourage non-party witnesses giving depositions in this action to agree to follow this same protocol.


South Dakota

Allowed


“The party taking the deposition shall state in the notice the method by which the testimony shall be recorded. Unless the court orders otherwise, it may be recorded by sound, sound-and-visual, or stenographic means”
S.D. Codified Laws § 15-6-30(b)

Pursuant to South Dakota Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of South Dakota.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Tennessee

Allowed


“Notwithstanding paragraph (A), any deposition may be recorded by audio-visual means without a stenographic record.”
Rule 30.02 - Notice of Examination: General Requirements; Special Notice; Non-Stenographic Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone, Tenn. R. Civ. P. 30.02

Pursuant to Tennessee Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Tennessee.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Texas

Allowed


“Any party may cause a deposition upon oral examination to be recorded by other than stenographic means, including videotape recording.”
Rule 199 - Depositions upon Oral Examination, Tex. R. Civ. P. 199

Pursuant to Texas Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Texas.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Utah

Allowed


“Depositions may be recorded by sound, sound-and-visual, or stenographic means”
Rule 30 - Depositions Upon Oral Questions, Utah R. Civ. P. 30

Pursuant to Utah Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Utah.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Vermont

Allowed


“A deposition shall be recorded stenographically unless the notice of taking states that it is to be recorded by sound or sound-and-visual means.”
Rule 30 - Depositions Upon Oral Examination, Vt. R. Civ. P. 30

Pursuant to Vermont Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Vermont.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Virginia

Allowed


“Any deposition may be recorded by audio-visual means without a stenographic record.”
Rule 4:7A - Audio-Visual Depositions, Va. R. Sup. Ct. 4:7A

Pursuant to Virginia Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Virginia.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Washington

⚠️ Stipulation


This state requires a written stipulation regarding methodology.


Pursuant to Washington Code of Civil Procedure, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


IT IS HEREBY STIPULATED AND AGREED BETWEEN THE PARTIES HERETO, BY THEIR UNDERSIGNED COUNSEL, AS FOLLOWS:


1.    The parties in the above-captioned action intend to employ DepoDirect's Custodian of the Record service for one or more of the depositions taken in this action.

2.    All depositions taken pursuant to this stipulation will be recorded by audio or audiovisual means, as permitted by Washington Code of Civil Procedure. All depositions taken pursuant to this stipulation will follow DepoDirect's reporting process, including a certified notary administering oaths and managing deposition technology, deposition testimony recording by digital audio technology utilizing artificial intelligence and machine learning software to produce a rough draft, and a Certified Transcriptionist reviewing and finalizing the deposition testimony if a certified deposition transcript is requested.

3.    The parties may choose to order, or not order an audio and/or digital recording and/or a rough or certified transcript of the proceedings.

4.    In compliance with Washington Code of Civil Procedure, the witness will be notified of the opportunity to read, correct and sign the deposition testimony when a certified copy of the transcript is prepared and that the transcript as signed and modified with any corrections by the witness (or, if not signed and returned within 30 days, in the same form in which it was tendered to the witness for review) may be used at trial or any other procedural context as provided for in Washington Code of Civil Procedure to the same extent as if it were a stenographic transcript that had been signed (or not signed after 30 days) pursuant to Washington Code of Civil Procedure.

5.    The parties will cooperate to encourage non-party witnesses giving depositions in this action to agree to follow this same protocol.


West Virginia

Allowed


“The party taking the deposition shall state in the notice the method by which the testimony shall be recorded. Unless the court orders otherwise, it may be recorded by sound, sound-and-visual, or stenographic means”
Rule 30 - Depositions upon oral examination, W.Va. R. Civ. P. 30

Pursuant to West Virginia Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of West Virginia.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Wisconsin

Allowed


“Videotape depositions may be taken by persons authorized by s. 804.03.”
Wis. Stat. § 885.44

“Upon the request of any party or other person authorized by the court, the official shall provide, at the cost of the party or person, a copy of a deposition in the form of a videotape, a written transcript, or an audio recording.” Wis. Stat. § 885.44

Pursuant to Wisconsin Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Wisconsin.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.



Wyoming

Allowed


“The party who notices the deposition must state in the notice the method for recording the testimony. Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means.”
Rule 30 - Depositions by oral examination, Wyo. R. Prac. & P. 30

Pursuant to Wyoming Code of Civil Procedure referenced above, DepoDirect has suggested language to include in the notice for this deposition. This language is for informational purposes only and does not constitute legal advice.


PLEASE TAKE NOTICE that Plaintiff/Defendant, through his/her attorneys, reserves the right to record the official record audio-visually by a DepoDirect Custodian of the Record utilizing state-of-the-art recording equipment. The Custodian is a Certified Notary and is authorized to administer the oath and serve as the deposition officer in the state of Wyoming.

PLEASE TAKE FURTHER NOTICE that Plaintiff/Defendant, through his/her attorneys, further reserves the right to utilize the following: (1) record the deposition utilizing audio or video technology; (2) instant visual display such that the officer’s writing of the proceeding will be available to all who are a party to this proceeding to request and receive it in real time; (3) exhibit capture technology in which any exhibit reviewed by the deponent during the deposition can be captured visually; and (4) to conduct the deposition utilizing a paperless exhibit display process. Plaintiff/Defendant reserves the right to use the video, audio, display, and exhibit captures at the time of trial.


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