Generally speaking, fraud must be pled with particularity in the original or amended petition/ complaint filed by the plaintiff. The Federal Rule of Civil Procedure speaking to this is FRCP § 9(a). Upon the filing of a Motion to Dismiss, the Court will review the pleading and make a determination as whether or not the claim of fraud was properly pled. See, Committee On Children’s Television, Inc. v. General Foods Corp., 35 Cal.3d 197, 216 (1983); Estrada v. Kris, 2015 OK CIV APP 19. Further, a judge may limit a party’s ability to conduct discovery on certain issues, claims, etc. Most states have statutory authority permitting a judge to so limit discovery for a variety of reasons. See, 12 O.S. § 3226(C)(1)(a)-(h). If a judge finds that a claim of fraud was not properly pled and dismisses that claim, no discovery may be had on the claim.
As to who may be present during a deposition, anyone may be present. It is the burden of the individual attempting to limit who may be present to seek a protective order. See, FRCP § 26(c)(1)(E). Most states have some form of this rule in their statutes. See, 12 O.S. § 3226(C)(1)(e); Washington’s CR 26(c)(1)(E).
Most, if not all states, require a deposition to take place before an officer authorized to administer oaths by the laws of the place where the examination is held, which includes a certified shorthand reporter (CSR) or a licensed shorthand reporter (LSR). Unless the notary was also licensed or certified or court-appointed in some way, and created a transcript of the deposition, the Court is unlikely to permit the “video-deposition” to act as a deposition, as it will not qualify as a deposition unless it is sworn testimony. You may be able to present the video as impeachment evidence should the witness say something different at trial, a hearing, or a deposition.
Best of luck to you. If you do not require additional assistance, please rate my service. Also, kindly note, this is not legal advice and does not create an attorney-client relationship/ privilege and may not be applicable in all situations and/ or jurisdictions.