Gillen v. Nissan Motor Corp.

156 F.R.D. 120, 1994 U.S. Dist. LEXIS 9699, 1994 WL 371602
CourtDistrict Court, E.D. Pennsylvania
DecidedJuly 13, 1994
DocketNo. 94-CV-354
StatusPublished
Cited by6 cases

This text of 156 F.R.D. 120 (Gillen v. Nissan Motor Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gillen v. Nissan Motor Corp., 156 F.R.D. 120, 1994 U.S. Dist. LEXIS 9699, 1994 WL 371602 (E.D. Pa. 1994).

Opinion

Memorandum & Order

JOYNER, District Judge.

Before the Court is a motion to compel a videotaped demonstration of an alleged automobile defect in this action involving warranty and “lemon law” claims pursuant to the Magnuson-Moss Federal Trade Commission Improvement Act and three Pennsylvania statutes, including the state’s Automobile Lemon Law, Uniform Commercial Code, and Unfair Trade Practices and Consumer Protection Law.1

Facts

The dispute concerns an alleged defect with the seatbelts of plaintiffs new Nissan automobile. The seatbelts allegedly lock and tighten intermittently, preventing the driver from exiting the automobile normally. The dealer that sold the automobile has been unable to correct the alleged defect to plaintiffs satisfaction, giving rise to this action.

Facts leading to the instant motion are as follows: defendant served a Notice of Deposition on plaintiff, therein scheduling a videotaped deposition of plaintiff and requesting that she bring her automobile to the deposition. See exhibit A to defendant’s first motion to compel. Plaintiff then informed defendant that she would not attend the scheduled deposition. See letter in exhibit E of defendant’s reply memorandum. Defendant now moves for an order compelling plaintiff to attend a videotaped “demonstration” of the alleged seatbelt defect. For the reasons that follow, we grant defendant’s motion.

Relevant Issues of Federal Civil Procedure

Defendant’s motion raises issues pertaining to the scope of discovery and the appropriateness of videotaping discovery proceedings. In general, the Federal Rules of Civil Procedure allow for liberal discovery. Stabilus, Div. of Fichtel & Sachs Industries, Inc. v. Haynsworth, Baldwin, Johnson and Greaves, P.A., 144 F.R.D. 258, 263 (E.D.Pa.1992) (citing Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 98 S.Ct. 2380, 57 L.Ed.2d 253 (1978)). The deposition and discovery rules, specifically, were formulated to help limit and clarify the issues of a case and to help define the facts relevant to those issues. Hickman v. Taylor, 329 U.S. 495, 501, 67 S.Ct. 385, 388-89, 91 L.Ed. 451 (1947).

To these ends, the scope of discovery encompasses matters “relevant to the subject matter involved in the pending action.” Fed. R.Civ.P. 26(b)(1). This phrase has been con[122]*122straed broadly to include any matter that might reasonably lead to an issue in the case. Oppenheimer, 437 U.S. at 351, 98 S.Ct. at 2389. Furthermore, issues pertaining to the scope of discovery are to be resolved, almost exclusively, at the discretion of the district court. Wisniewski v. Johns-Manville Corp., 812 F.2d 81, 90 (3d Cir.1987); Howze v. Jones & Laughlin Steel Corp., 750 F.2d 1208, 1213 (3d Cir.1984).

On the issue of videotaping discovery proceedings, Rule 30(b)(2) of the Federal Rules of Civil Procedure allows the videotaping of depositions.2 As distinguished from the former rule, the current rule no longer requires either a court order or the stipulation of both counsel to permit the recording of a deposition by nonstenographic means. See Fed. R.Civ.P. 30 advisory committee’s note to 1993 amendments to subdivision (b). Rule 30(b)(2), therefore, contemplates that a deposition may be taken by various means as a routine practice.

Courts have encouraged liberal interpretation of rules authorizing nonstenographic recording of discovery proceedings, and have followed a policy of promoting rather than blocking the practice. Kiraly v. Berkel, Inc., 122 F.R.D. 186, 187 (E.D.Pa.1988); Roberts v. Homelite Div. of Textron, Inc., 109 F.R.D. 664, 668 (N.D.Ind.1986). Videotaped reenactments and depositions can help parties better understand what occurred in a given action, especially where events cannot be described adequately by stenographic means alone. Roberts, 109 F.R.D. at 668; See also Rice’s Toyota World, Inc. v. Southeast Toyota Distributors, Inc., 114 F.R.D. 647, 649 (M.D.N.C.1987) (in general, where accuracy and trustworthiness can be ensured, electronic recording should be permitted).

While permitting nonstenographic recording, however, courts have recognized deponents’ concerns that the practice may be prejudicial. In Roberts, for example, the court noted that a videotape would not necessarily be admitted in evidence at trial. Roberts, 109 F.R.D. at 668. And, in permitting videotaped depositions, courts have imposed conditions to safeguard accuracy and fairness. These include, inter alia, requiring camera operators to certify the accuracy and completeness of their recordings, requiring that conventional stenographic notes be taken simultaneously, requiring that videotapes not be edited, and requiring that original tapes be filed with the court. See, e.g., Kiraly, 122 F.R.D. at 188; Rice’s Toyota World, 114 F.R.D. at 652; Roberts, 109 F.R.D. at 668-69.

While the cases cited here interpreted the former rule (i.e., Rule 30(b)(4)), the amendments embodied in the current Rule 30(b)(2) extend the general policy of allowing nonstenographic recording. Indeed, by no longer requiring either the stipulation of counsel or a court order, the current provision more explicitly recognizes the routine nature of nonstenographic recording. In so doing, the current rule incorporates non-stenographic recording practices within a party’s general right to take depositions of other parties (absent the existence of a protective order). Nevertheless, the Advisory Committee’s notes to the amended rule point out that “a party choosing to record a deposition only by videotape or audiotape should understand that a transcript will be required by Rule 26(a)(3)(B) and Rule 32(c) if the deposition is later to be offered as evidence at trial or on a dispositive motion under Rule 56.” Fed.R.Civ.P. 30 advisory committee’s note to 1993 amendments to subdivision (b).

Turning to the instant action, plaintiff offers no valid objections to defendant’s motion. Plaintiff first contends the motion should be denied because it is extraordinary. For the reasons given above, however, we hold to the contrary that nonstenographic recordings are not extraordinary. Furthermore, contrary to plaintiffs assertion, the existence of defendant’s Technical Service Bulletin, or “TSB,” is not relevant to the [123]*123instant issue.

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Bluebook (online)
156 F.R.D. 120, 1994 U.S. Dist. LEXIS 9699, 1994 WL 371602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillen-v-nissan-motor-corp-paed-1994.