Is a lawyer required to keep a copy of the videotape from a deposition?

UPDATED: Feb 20, 2012

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Is a lawyer required to keep a copy of the videotape from a deposition?

I was deposed by an attorney in a divorce case. It was videotaped. I’ve requested the chance to review the tape. At first the attorney said that she didn’t recall the deposition being taped and there was no mention of it in the actual deposition. When I asserted, in a detailed description, that I was certain that it had been taped she then replied that she thinks I may be correct but said that they may no longer have it.

Asked on February 20, 2012 under Family Law, North Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It depends. If the divorce is done, and the deposition was either irrelevant to the other or document destruction statutes in your state do not require such items to be kept (unlike in criminal cases), then you may need to contact the state bar and see if it has any publications or guidance on such things for you to be armed with when going back to discuss with the attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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