United States District Court, S.D. California
ORDER FOR THE VIDEOTAPE DEPOSITIONS OF THE MATERIAL
L. STORMES, Magistrate Judge.
to the motion of material witnesseS) Juan Manuel Gonzalez
Munoz and Martin Enriquez Gonzalez [the "Material
Witness"], by and through their attorney, Christopher K.
Monelt, by appearance of the parties and their respective
counsel, and good cause appearing:
Unless the Material Witness is previously released from
custody of both the U.S. Marshall and the United States
Border Patrol, the Material WitnesseS) Juan Manuel Gonzalez
Munoz and Martin Enriquez Gonzalez, shall be deposed on 7-20,
2016 at 10.00 a.m. The deposition will be held at the U.S.
Attorney's office in San Diego, California. An employee
of the U.S. Attorney's office shall serve as the
parties shall attend the depositions. The arresting agency
shall bring the Material Witness to the deposition and remain
present during the proceeding. If the defendant(s) are in
custody, they shall be brought separately to the depositions
and a marshal shall remain present during the entire
United States Attorney's Office shall arrange for a
court-certified interpreter to be present for the Material
Witness, if necessary. The cost of the interpreter for the
Material Witness will be borne by the United States. See 28
U.S.C. § 1827(c)(2).
4. 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 shall be paid by the court.
U.S. Attorney's Office shall arrange for a certified
court reporter to be present. The court reporter shall
stenographically record the testimony and serve as a notary
and preside at the depositions in accordance with Rule 28(a),
Fed.R.Civ.P. The cost of the court reporter shall be borne by
the U.S. Attorney's Office.
depositions shall be videotape recorded. Prior to the
conclusion of each deposition, the deponent, or a party, may
elect to have the deponent review the videotape record of his
depositions 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(s).
videotape operator shall select and supply all equipment
required to videotape and audiotape the depositions 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 witnesses and assures clear reproduction of each
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 objection shall be considered
by the Court in ruling on the admissibility of the video
and/or audiotape 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.
Material Witness shall be deposed in an order as determined
the Assistant United States Attorney conducting the
depositions for the prosecution. The deposition 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.
Before examination of the witness, the notary shall state on
the video/audio record: (a) hislher name and address; (b) the
date, time and place of the deposition; (c) the name of the
witness and the caption of the action; and (d) the identity
of the parties and the names of all persons present in the
room. The notary shall then swear the witness on the video
record. Further, at the beginning of the examination by each
counsel, the counsel shall identify himselflherself and
hislher respective client on the record. If more than one
videotape is used, the notary shall repeat items (a), (b) and
(c) at the beginning of each new tape.
videotape operator shall not stop the video 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 objection on the record. Each
time the tape is stopped or started, the videotape operator
shall announce the time on the record. If the deposition
requires the use of more than one tape, the end of each tape
and the beginning of the next shall be announced orally on
the video record by the operator.
Testimonial evidence objected to shall be recorded as if the
objection had been overruled and the court shall rule on the
objections prior to admitting that portion of the deposition.
The party raising the objection(s) shall be responsible for
preparing a transcript for the court to consider. All
objections to the evidence presented shall be deemed waived
unless made during the deposition.
requested by a party, the deposition testimony, if offered
other than for impeachment, may be presented in
non-stenographic audio/visual format, in which case no
transcript need be prepared in advance of ...