Aquino v. Automotive Serv. Indus. Ass'n

In Aquino v. Automotive Serv. Indus. Ass'n, 93 F. Supp. 2d 922 (N.D. Ill. 2000), even though the court interpreted the Federal Rules of Civil Procedure to require that "the notary or court reporter be in the presence of the deponent during the telephonic deposition," id. at 923-24. The Court ruled that the failure to do so "was a technical and seemingly meaningless" error. Id. Thus, although the court ruled inadmissible the deposition testimony of three witnesses deposed over the telephone where the court reporter who swore them was in a different state, the court allowed plaintiff leave to retake the depositions telephonically, with a court reporter in the district of the deponent, to ask each the single question as to whether the answers recorded at the prior deposition were true and correct. Aquino, 93 F. Supp. 2d at 924.