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Judge Van Bokkelen: Reading Depositions

Parties should agree on excerpts of any deposition that are to be read or played at trial. Video depositions should be edited to eliminate dead time (such as a physician looking through medical records to find the report of the plaintiff's next office visit) or repetitive material.

If a deposition is played or read at trial, Judge Van Bokkelen presumes the parties' agreement that the court reporter need not record it. The party presenting the deposition should provide the Courtroom Deputy Clerk with a transcript for the record. If only portions of the deposition will be used, counsel should provide the Deputy Clerk with a list of the portions presented to the jury.

In bench trials, Judge Van Bokkelen prefers to read the depositions (or specified parts) rather than have them read during trial.