The opinion of the court was delivered by: Hon. Peter C. Lewis United States Magistrate Judge
PROPOSED ORDER FOR TAKING THE VIDEO DEPOSITIONS OF MATERIAL WITNESSES ANTONIO SOLIS-MARTINEZ AND EFRAIN RAMOS BAEZ
Upon motion of Attorney Ray Keramati representing the material witnesses mentioned herein, and good cause appearing:
1. The material witnesses,ANTONIOSOLIS-MARTINEZANDEFRAINRAMOSBAEZheld in custody in case number 08cr1913 shall be deposed on July17, 2008 by close of business in the U.S. Attorney's Office in San Diego, California.
2. All parties shall attend the deposition. The arresting agency shall bring the material witnesses to the deposition. If the defendant in this case is in custody, that defendant shall be brought separately to the deposition and a Marshall shall remain present during the entire proceeding.
3. Defendant's request for discovery shall be granted.
4. The United States Attorney's Office shall provide a videotape and audio-tape operator and arrange for a court-certified interpreter to be present for the material witnesses, if necessary.
5. The cost of the interpreter for the material witnesses will be borne by the court.
6. If a defendant needs an interpreter independent of the material witness interpreter (if any), defense counsel will arrange for a court-certified interpreter to be present. The cost of a separate interpreter for the defendant shall be paid by the court.
7. A notary is to preside at the depositions in accordance with Rule 28(a), Fed.R.Civ.P. The parties may, by written stipulation, agree to the selection of any state certified notary. In the absence of a written stipulation, the U.S. Attorney's Office shall provide and pay for a notary as set forth in Fed. R. Civ. P. 28(c).
8. The depositions shall be videotape and audio-tape recorded. Prior to the conclusion of a deposition, the deponent, or a party, may, for good faith reasons, elect to have the deponent review the videotaped record of his deposition so as to check the recording for errors or omissions and to note any changes. Any errors or changes, and the reasons for making them, shall be stated in writing and such writing shall be signed by the deponent.
9. The videotape and audio-tape operator shall select and supply all equipment required to videotape and audiotape the deposition and shall determine all matters of staging and technique, such as number and placement of cameras and microphones, lighting, camera angle, and background. He/she shall determine these matters in a manner that accurately reproduces the appearance of the witness and assures clear reproduction of both the witness' testimony and the statements of counsel. The witness, or any party to the action, may place upon the record any objection to the videotape operator's handling of any of these matters. Such objections shall be considered by the Court in ruling on the admissibility of the video record. All such objections shall be deemed waived unless made promptly after the objector knows, or has reasonable grounds to know, of the basis of such objection.
10. The depositions shall be recorded in a fair, impartial, objective manner. The videotape equipment shall be focused on the witness; however, the videotape operator may from time to time focus upon charts, photographs, exhibits or like material being shown to the witness during the deposition.
11. Before examination of a witness, the material witness's attorney shall state on the video record his name; the date, time and place of the deposition; the name of the witness and the caption of the action; the identity of the parties and the names of all persons present in the deposition room. A notary shall then swear the witness on the video record. Further, at the beginning of the examination by each counsel, the counsel shall identify himself or herself and his or her respective client on the record.
12. The videotape and audio-tape operator shall not stop the video or audio-tape recorder after the deposition commences until it concludes, except, however, that any party may request a cessation for a brief recess, which request will be honored unless another party objects and states the basis for said objections on the record. Each time the tape is stopped or started, the operator shall announce he time on the record. If the deposition requires the use of more than ...