Chapter 14 - § 14.6 • VIDEO DEPOSITIONS

• Jurisdiction: Colorado

§ 14.6 • VIDEO DEPOSITIONS

Colorado

➢ Exceptional Circumstances. A plaintiff's introduction of evidence by video deposition was found to be an exceptional circumstance under C.R.C.P. 32(a)(3)(E) (now 32(a)(3)(F)) (existence of exceptional circumstances that make it just to allow the deposition to be used) because at the time the deposition was taken, the deponent was more than 100 miles from the court; the plaintiff went all the way to California to take the deposition, and had to undertake an expensive ancillary proceeding resulting in the California court issuing a subpoena to compel the witness to attend the deposition in California; and notice had been timely given that the witness's deposition was taken by videotape, and thus that its use may be requested at trial. Miller v. Solaglas California, Inc., 870 P.2d 559, 569 (Colo. App. 1993).

➢ Timely Notice of Use. Timely notice, in a trial data certificate, of the intent to call a witness by way of video deposition constitutes appropriate "application and notice" under C.R.C.P. 32(a)(3)(E) (now 32(a)(3)(F)) (upon application and notice, and a showing that exceptional circumstances exist that make it

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