(B) Notwithstanding paragraph (A), any deposition may be recorded by audio-visual means without a stenographic record. Any party may make at the party's own expense a simultaneous stenographic or audio record of the deposition. Upon a party's request and own expense, any party is entitled to an audio or audio-visual copy of the audio-visual recording. The audio-visual recording is an official record of the deposition. A transcript prepared by a court reporter is also an official record of the deposition. On motion the court, for good cause, may order the party taking, or who took a deposition by audio-visual recording to furnish, at the party's expense, a transcript of the deposition. Any lawyer or lawyer's agent can operate the equipment. An audio-visual deposition may be used for any purpose and under any circumstances in which a stenographic deposition may be used.
The notice for taking an audio-visual deposition and the subpoena for attendance at that deposition must state that the deposition will be recorded by audio-visual means and whether a simultaneous record will be made.
The following procedure must be observed in recording an audio-visual deposition:
(i) The deposition must begin with an oral or written statement on camera which includes:(a) The operator's name and business address;(b) The name and business address of the operator's employer;(c) The date, time and place of the deposition;(d) The caption of the case;(e) The name of the witness;(f) The party on whose behalf the deposition is being taken; and(g) Any stipulations by the parties.(ii) Counsel shall identify themselves on camera.(iii) The oath must be administered to the witness on camera.(iv) If the length of a deposition requires the use or more than one recording unit, the end of each unit and the beginning of each succeeding unit must be announced on camera.(v) At the conclusion of a deposition, a statement must be made on camera that the deposition is concluded. A statement may be made on camera setting forth any stipulations made by counsel concerning the custody of the audio-visual recording and exhibits or other pertinent matters.(vi) Depositions must be indexed by a visible time recording device that displays hours, minutes and seconds.(vii) An objection must be made as in the case of stenographic depositions.(viii) If the court issues an editing order, the original audio-visual recording must not be altered.(ix) Unless otherwise stipulated by the parties, the original audio-visual recording of a deposition, any copy edited pursuant to an order of the court, and exhibits must be filed forthwith with the clerk of the court.