Videotaping of depositions is a longstanding part of Michigan’s discovery process. It is an important tool in litigation and vital in providing an accurate record of the discovery proceedings.
A recent McKeen & Associates medical malpractice case against Garden City Hospital presented a frustrating, and ultimately wrong, ruling from Circuit Court that allowed the defendants’ protective order to prevent videotaping depositions. The defendants claimed, erroneously, that videotaping depositions required their consent.
Michigan Court Rules indicate that parties may video record depositions provided they follow procedures. There is no rule that states both parties must consent, and McKeen & Associates appealed the Circuit Court decision. The Court of Appeals recently agreed with us and stopped the protective order.
Videotaped depositions may provide strong evidence that may be used in trial. While It is not unusual that defendants try to stall or frustrate the discovery process in order to avoid embarrassment, hide evidence, or for other reasons, it is disruptive to the legal process and unfair to plaintiffs. McKeen & Associates will continue to fight for our clients against illegal orders to prevent the discovery process.
