Friday, May 01, 2009

Deposition to proceed by telephone with stenograhic transcript in SONY v. Tenenbaum

In SONY BMG Music Entertainment v. Tenenbaum, the Court has ruled that the Chicago deposition of a third party witness may be taken by telephone, and that it would be recorded only by stenographic transcript.

Docket entry:

Judge Nancy Gertner: Electronic ORDER entered granting [821] Motion for an Order Permitting Telephonic Deposition. "The telephonic deposition shall be stenographically transcribed, as are all depositions, and shall not be electronically recorded by any means except by the court reporter for the sole purpose of creating an accurate transcript." (Gaudet, Jennifer)

Commentary & discussion:

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Eric said...

So she will let them depo "mystery" witness. With the defense get to see what they said, or will that be under a seal as well?

raybeckerman said...

The defense lawyer will be on the phone, will be able to object, ask his own questions, etc.

Alter_Fritz said...

but only if you are rich, you will get a transcript, or can defendant demand a "free courtesy copy" that the judge pays?

She will get a free copy of the transcript for the record, or must Judge Nancy pay for one if she wants a copy too?

Anonymous said...


No award is expected for a correct answer.

So, is this an 'expert', or an 'eyewitness'?

My concern here is either the 'expert' isn't, or the 'eyewitness' was subborned/coached/prepared.

Ray, isn't this a bit sharp (read: it's not supposed to work this way) even for RIAA?

-Quiet Lurker

Eric said...

I was (half) joking considering the tone of the judges response. It wasn't surprising that the judge granted it, but the commentary was completely unnecessary.

Sill without the name how can the defense be prepared for this deposition? I know the defense will probably get the name at some point under a seal. Does that preclude him from talking with his students about the witness until the depo?

Justin Olbrantz (Quantam) said...

Do we yet know what is going on with regard to the anonymity of the person (officially)?