Rule 2.315.Video Depositions
Current through May 1, 2026 · Last verified July 6, 2026
Full Text of Rule 2.315
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
A deposition otherwise authorized under these rules can be recorded on video, with synchronized audio, without asking the court or the other parties first, so long as the recording follows this rule's requirements. Outside of those specific requirements, a video deposition follows the same rules as any other deposition, unless the video format itself makes a particular rule impossible or unnecessary to apply. The notice and any subpoena have to flag that the deposition will be recorded on video, the recording has to show a running digital clock throughout, and it has to open with an on-camera statement of the date, time, place, case name, and the attorneys present, and close with a statement that the deposition is finished. The witness is sworn in on camera, more than one camera can be used, and the parties can also make their own audio recording of the same proceeding.
Whoever operates the camera keeps the recording, securely sealed and marked for identification, though the parties can buy their own copies. If a party wants the deposition filed with the court, the recording has to be accompanied by an affidavit describing it, confirming the total time and that nothing has been altered beyond what the court ordered, plus notice to the other parties and copies to anyone who requested one; the video itself can't be filed electronically. A video deposition can't be used in a court proceeding until it's been filed, and using it works like using any other deposition, except that a party who wants to play it at trial has to give the court either a transcript for ruling on objections or a stipulation that no one objects to the portions being played, with the court noting for the record exactly what was shown. After filing, the recording stays in the court's custody, sealed, and if the case goes up on appeal, the recording travels with the record; a party who wants the appellate court to watch part of it can ask, though the appellant generally has to arrange and pay for a transcript if one wasn't already provided at trial.
Frequently Asked Questions
Do I need the other side's agreement to record a deposition on video?
No. A deposition otherwise authorized under these rules may be recorded by simultaneous audio and video without leave of court or stipulation of the parties, as long as it follows this rule's requirements.
What has to appear on camera during a video deposition?
A running digital clock showing hours, minutes, and seconds throughout, an opening statement of the date, time, place, case name, and attorneys present, the witness being sworn in, and a closing statement that the deposition is complete.
Can I use a video deposition at trial without a transcript?
Only if all parties stipulate that there are no objections and agree the recording (or an agreed portion) can be played. Otherwise, you need a transcript for the court to rule on any objections.