Problem: An attorney decides to videotape a witness at a deposition after the initial deposition notice is sent out. The attorney contracts with a legal videographer to be at the deposition for videotaping services. The opposing counsel walks into the conference room, sees the videographer set up and says, “No, this deposition was not noticed for video, and we are not going forward unless the videographer leaves.” Typically an argument ensues, and the deposition is either canceled or the videographer goes home. The attorney gets a bill for an appearance fee from the videographer.

Solution: Always provide language regarding videotaping of a deposition in your deposition notice.

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