Q: I must do a deposition and I have severe anxiety disorder. Can I do the deposition on video?
Is video deposition the same as in person?
A: Speak with your attorney and ask them to arrange. Video depositions have become common since the pandemic arrived, and have remained in place even with the abatement of social distancing measures. Good luck
David H. Relkin agrees with this answer
An application for a video deposition should succeed. Section 3113(b) of the Civil Practice Law and Rules allows for testimony to "be recorded by stenographic or other means[.]" Section 202.15 of the Uniform Rules for the New York State Trial Courts allows for depositions to be recorded using visual electronic recording. CPLR 3113(b) and 22 NYCRR 202.12 and 202.15 freely permit a party taking a deposition to record it on videotape. Jones v. Maples, 257 AD2d 53, 55-56, (1st Dep't 1999). Additionally, under Section 3103(a) of the CPLR the Court has wide discretion to preclude or appropriately limit the use of any particular disclosure advice. Jones, 257 AD2d at 56.
Based upon a doctor's letter (which should not be submitted to E-File but only provided to the Judge and opposing counsel with appropriate redactions) the Court should allow it in the first instance. Perhaps a letter to opposing counsel with the proposal first since the Court will then see, if you need to make an application, that you attempted a good faith negotiation. Courts hate dealing with discovery disputes and strongly encourage parties to resolve their differences by themselves.
Tim Akpinar agrees with this answer
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