Section 4.20 Methods of Taking Depositions

• Library: Discovery 2015

Depositions in Missouri have traditionally been recorded by court reporters. Rule 57.03(b)(1) now states that a party may attend a deposition by telephone. In addition, a party may now choose to take depositions by video, that method having been originally authorized in State ex rel. Lucas v. Moss, 498 S.W.2d 289, 291 (Mo. banc 1973), and later provided for in Rule 57.03(c), which specifies that the video is “in addition to a usual recording and transcription method unless the parties otherwise agree.”

Unless the parties otherwise stipulate, the following apply to video depositions:

· The usual recording methods must be used in addition to video. Rule 57.03(c).

· The party using video must bear its expense. Rule 57.03(c)(6).

· Any expense of the video is not to be taxed as costs. Id

Even if video is the only method used, a written transcription of the audio portion will be required if...