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Infolawyer
Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 53847
Experience:  Licensed attorney helping individuals and businesses.
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Need clarification about NJ Superior Court rules for video

Customer Question

Need clarification about NJ Superior Court rules for video depositions. As far as copies of the video, I was under the impression that every attending attorney automatically got a copy of the video and that it was paid for by the attorney that ordered the video. I have had a few court reporting agencies tell me that I was wrong. What is the NJ RULE for copies of a video?
Submitted: 14 days ago.
Category: Personal Injury Law
Expert:  Infolawyer replied 14 days ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 14 days ago.

Unlike federal court, there is no automatic right to a copy. Each party pays for a copy. Practically, the video is often provided by e-mail by downloadable file and then share for free with all parties, similar to paper transcripts, but technically the reporting agency is right, which obviously also want each party to buy it so it makes more in fees.

Expert:  Infolawyer replied 14 days ago.

I practice in NJ.

Kindly rate me positively.

Customer: replied 14 days ago.
Did the rule change? When I checked about a year or so ago..Rule 4:14-9 stated that all parties got a copy paid for by ordering attorney. So the rule is what now...just a copy for whoever hires me and everyone else gets asked?
Customer: replied 14 days ago.
Can you point me to the link to the current rule regarding NJ video depositions?
Expert:  Infolawyer replied 14 days ago.

The rule has not changed but the rule is silent on cost, and similar to providing documents where one can charges for copies, one can charge for the recording, but that cost would be nominal.

Expert:  Infolawyer replied 14 days ago.

https://www.judiciary.state.nj.us/rules/rule_4_14.pdf

Expert:  Infolawyer replied 14 days ago.

The cost to a party is a minor and quite different than a reporter charging.

The reporter wants you to get it from them, which is not required at all.

Customer: replied 14 days ago.
This is under 4:14-9...am I reading it wrong? Looks to me like it says MAKE COPIES FOR ALL PARTIES PRESENT
(d) Filing, Copies. Immediately following the conclusion of the deposition, the
person making the audiovisual recording shall deliver the audiovisual recording to the
officer taking or directing the deposition, who shall mark it as an exhibit to the
deposition, if feasible. Further, the person making the audiovisual recording shall, if
feasible, provide a copy of the audiovisual recording to all parties present. If copies
cannot be made at the conclusion of the deposition, the party who noticed the
audiovisual recording of the deposition shall promptly furnish a copy of the audiovisual
recording to all parties appearing at the deposition
Expert:  Infolawyer replied 14 days ago.

Yes, but doesnt say without costs. Again, the cost of a copy is probably a few dollars.

Expert:  Infolawyer replied 14 days ago.

Not reporter's copy fees which are often closer to $1000

Customer: replied 14 days ago.
I am not asking about costs. I am asking about the actual providing of the video. I am a legal videographer and charge for my copies. I am just asking if, by rule, it says I have to automatically give copy to all parties present. This client is telling me I am wrong when I say that all parties get a copy, as per court rules, paid for by ordering attorney. It looks like I am right..aren't I?
Customer: replied 14 days ago.
Letter G in that section say that all costs are on the ordering attorney
Expert:  Infolawyer replied 14 days ago.

That is correct, the ordering lawyer has to pay for it.

Expert:  Infolawyer replied 14 days ago.

The rule applies to the parties and does not address your right to payment or relations between you and party.

Expert:  Infolawyer replied 14 days ago.

The party who ordered it, has responsibility to make arrangements so that everyne in the case gets a copy.

Customer: replied 14 days ago.
excellent..thank you for your time! Have a nice holiday!
Expert:  Infolawyer replied 14 days ago.

You too. Kindly rate me 5 stars.

Customer: replied 14 days ago.
will do. thanks
Expert:  Infolawyer replied 14 days ago.

thanks