Surprise surprise surprise!
(Boy do I miss Gomer.)
Are you required to notice your videotaped deposition in federal court?
What if you just "forgot" and you elicited something delicious (one-minute delay in responding to critical question) that can only be seen on the videotape?
Doesn't matter, kiddies:
Here, Dr. Ferré was first alerted that his deposition would be videotaped when he appeared for the deposition and saw video equipment and a videographer present. (ECF No. 53 at 4). Over MAKO’s objection, Plaintiff proceeded with the deposition. Id. at 5. It is undisputed, however, that the second amended notice of deposition, like the amended notice of deposition and the original notice of deposition, failed to notify Dr. Ferré or MAKO that Plaintiff would record Dr. Ferré’s deposition by videotape. See (ECF Nos. 53-1; 53-2; 53-3). Plaintiff claims this omission was a typographical error. See (ECF No. 66 at 2). Regardless of how Plaintiff characterizes the omission, however, the second amended notice failed to comply with the Federal Rules of Civil Procedure and the Local Rules for the Southern District of Florida.Your CLE hours for the month are complete!