885.44(11)
(11) Ruling on objections. In ruling on objections the court may view the entire videotape or pertinent parts thereof, listen to an audiotape of the videotape sound track, or direct the objecting party to file a partial transcript. The court shall make written rulings on objections and an order for editing. Copies of the court's rulings and order for editing shall be sent to the parties and the objecting witness.
885.44(12)(a)(a) The original videotape shall not be affected by any editing process. In its order for editing the court may do any of the following:
885.44(12)(a)1.
1. Order the official to keep the original videotape intact and make an edited copy of the videotape that deletes all references to objections and objectionable material.
885.44(12)(a)2.
2. Order the person showing the original videotape at trial to suppress the objectionable audio portions of the videotape.
885.44(12)(a)3.
3. Order the person showing the original videotape at trial to suppress the objectionable audio and video portions of the videotape.
885.44(12)(b)
(b) If the court enters an order under
par. (a) 2., it shall, in jury trials, instruct the jury to disregard the video portions of the presentation when the audio portion is suppressed.
885.44(12)(c)
(c) If the court enters an order under
par. (a) 3., it shall, in jury trials, instruct the jury to disregard any deletions apparent in the playing of the videotape.
885.44(13)(a)(a) Upon the request of any party or other person authorized by the court, the official shall provide, at the cost of the party or person, a copy of a deposition in the form of a videotape, a written transcript, or an audio recording.
885.44(13)(b)
(b) When an official makes a copy of the videotape deposition in the form of a videotape or audio recording, the official shall attach a written certification to the copy. The certification shall state that the copy is a true record of the videotape testimony of the witness.
885.44(13)(c)
(c) When an official makes a copy of the videotape deposition in the form of a written transcript, the official shall attach a written certification and serve the transcript pursuant to
s. 804.05 (7).
885.44(14)
(14) Objections at trial. Objections made at trial which have not been waived or previously raised and ruled upon shall be made before the videotape deposition is presented. The trial judge shall rule on such objections prior to the presentation of the videotape. If an objection is sustained, that portion of the videotape containing the objectionable testimony shall be deleted in the manner provided in
sub. (12).
885.44 History
History: Sup. Ct. Order, 67 Wis. 2d vii, xiii (1975);
1975 c. 218; Sup. Ct. Order, 141 Wis. 2d xxxvi;
1999 a. 85.
885.44 Note
Judicial Council Committee's Note, 1975: Subs. (2) through (5) set out the mechanical procedures for the taking of a videotape deposition. These procedures are included to ensure uniformity throughout Wisconsin. In addition, they ensure proper identification of the contents of a videotape deposition and protect against tampering. Sub. (5) is not intended to affect the provisions in other statutes on objections but is included as part of videotape deposition procedure to facilitate possible editing. It is based on a similar Ohio rule.
885.44 Annotation
Sub. (6) contemplates that, as with regular depositions, the large majority of witnesses at a videotape deposition do not desire to review the deposition upon its completion.
885.44 Annotation
Subs. (7) and (8) set out the procedure for certification of a videotape deposition. Certification by the official taking the deposition must also be made of a copy or audio recording of a videotape deposition and of an edited version of a deposition.
885.44 Annotation
Sub. (9) allows for an expansion of time for motions on videotape objections if the parties stipulate to the additional time.
885.44 Annotation
Sub. (11) requires that any editing of a videotape deposition required by a court ruling favorably on an objection can only be done by a court order. It also requires that the parties and the objecting witness receive copies of both the court's ruling on objections and order for editing.
885.44 Annotation
Sub. (12) sets out the alternatives that the court may use in ordering editing of a videotape deposition. It is included to facilitate the most expeditious and least expensive method of editing.
885.44 Annotation
Sub. (13). Access to videotape recordings after filing is by court order and subject to terms prescribed by the court in order to protect the integrity of such recordings.
885.44 Annotation
Sub. (14). Objections to a videotape deposition not previously resolved that are made at trial must be made prior to the actual showing of the videotape at the trial. This procedure assures timely raising of objections. [Re Order effective Jan. 1, 1976]
885.44 Note
Judicial Council Note, 1988: Videotape depositions, like other discovery documents, are no longer required to be filed in court. See s. 804.01 (6), Stats. [Re Order effective Jan. 1, 1988]
885.45
885.45
Videotape costs; depositions and trials. 885.45(1)(1) The expense of videotape as a material shall be borne by the proponent.
885.45(2)
(2) The reasonable expense of recording testimony on videotape shall be costs in the action.
885.45(3)
(3) The expense of playing the videotape recording at trial shall be borne by the proponent of the testimony. If the proponent is entitled to costs, the expense under this subsection shall be costs in the action, not to exceed for each witness or expert witness the maximum allowable cost for witness fees under
ss. 814.04 (2) and
814.67 (1) (b) and
(c).
885.45(4)
(4) The expense of an audio reproduction of the videotape recording sound track used by the court in ruling on objections shall be costs in the action.
885.45(5)
(5) The expense of playing the videotape recording for the purpose of ruling upon objections shall be borne by one or more parties as apportioned by the court in an equitable manner. If the party bearing the expense is entitled to costs, the expense under this subsection shall be costs in the action in an amount determined by the court.
885.45(6)
(6) The expense of producing the edited version of the videotape recording shall be costs in the action, provided that the expense of the videotape, as a material, shall be borne by the proponent of the testimony.
885.45(7)
(7) The expense of a copy of the videotape recording and the expense of an audiotape recording of the videotape sound track shall be borne by the party requesting the copy.
885.45 History
History: Sup. Ct. Order, 67 Wis. 2d vii (1975);
1983 a. 256.
885.45 Note
Judicial Council Committee's Note, 1975: This provision sets out the application of costs in the use of videotape procedure. Costs are allocated in an equitable manner between the proponent and the court or are considered costs in the action. [Re Order effective Jan. 1, 1976]
885.46
885.46
Videotape custody and preservation. The official shall maintain secure and proper storage of the original videotape recording and any edited videotape recording until:
885.46(1)
(1) The final disposition of the cause where no trial is had;
885.46(2)
(2) The expiration of the appeal period following trial, provided no appeal is taken;
885.46(3)
(3) The final determination of the cause if an appeal is taken.
885.46 History
History: Sup. Ct. Order,
67 Wis. 2d 585, vii (1975); Sup. Ct. Order, 141 Wis. 2d xxxv (1987).
885.46 Note
Judicial Council Committee's Note, 1975: Sub. (1). One of the advantages of videotape is its possible reuse in other legal proceedings but the proponent of any videotape testimony retains the responsibility for submitting a recording of sufficient quality.
885.46 Annotation
Sub. (2). Release of videotape recordings may be done only by order of the court. Such release may only occur after completion of the proceeding for which the videotape has been used. [Re Order effective Jan. 1, 1976]
885.47
885.47
Videotape playback equipment. 885.47(1)
(1)
Playback equipment. Each court may establish rules providing for the availability of playback or reproducing equipment. Such rules shall provide for an adequately trained operator. Minimum playback equipment shall be a videotape player of a commonly available type and one monitor having at least a 14 inch diagonal screen. Color equipment is not required. If a party uses videotape which is not compatible with the available playback equipment, the party shall furnish playback equipment or convert the videotape to a format compatible with the available playback equipment at the party's expense, which shall not be chargeable as costs.
885.47 History
History: Sup. Ct. Order, 67 Wis. 2d xiii (1975);
1975 c. 218; Sup. Ct. Order, 101 Wis. 2d xi (1981); Sup. Ct. Order, 141 Wis. 2d xxxv (1987).
885.47 Note
Judicial Council Committee's Note, 1975: Sub. (2) [(1)]. Each court in Wisconsin is encouraged to establish rules for making available videotape playback or reproducing equipment. Such availability could be secured through purchase, leasing, rental, or borrowing from another court. Each court establishing such rules must provide for a trained videotape operator. [Re Order effective Jan. 1, 1976]
