Recording
Whenever there is an objection, always first clarify the nature of the objection and what exactly they are objecting to
Depending on the nature of the objections, suggest the solutions below.
Off the record portions |
Video recording entirely |
1. Give explanation:
2. Parties can turn off camera/microphone during off the record 3. Parties can go to break out rooms during off the record 4. If all other options have been exhausted:
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1. Turn witness video off after swearing in Stipulation language [after swear-in]: “Do both sides stipulate to continuing with this proceeding with the witness’s camera off?” 2. Manually redact the video after the event Stipulation language: “Do both sides stipulate to the video being redacted so that only the audio is maintained?” 3. The video will not be used outside of transcript production Stipulation language: “Do both sides stipulate that the video recording will not be distributed?” 4. Objecting party can lodge an official objection on the record and we can proceed 5. Objecting party refuses to proceed with any recording:
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Always remember: As a neutral third party, you must allow counsel to decide amongst themselves how to proceed when there is any objection. You are welcome to offer solutions if asked, but allow counsels to discuss together and come to a conclusion themselves.