Upon reflection, few things bring as much joy as a trip to the library—looking at the titles, touching the tomes. Now, “quick as a bunny,” a small fee is paid, a button is pushed and, as if by magic, a volume appears on an easy to read, portable device. America, dare say the world, is “tuned in.” Facebook, Twitter, YouTube, it’s all just “out there,” wherever “there” may be! The law, of course, is not exempt from “modern times.” E-filings and the downloading of stipulations, motions and proposed orders are everyday occurrences. Doing research seated in the courtroom is easy. No more frantic phone calls to an associate at the office to “look something up.” It seems that everything has become accessible. And so, it should have come as no surprise when a motion1 to “preclude the dissemination of a videotaped deposition of a defendant [in a medical malpractice case] in any manner including prohibiting the posting to the Internet [or by phone]” appeared on the court calendar. Each side argued eloquently. “ The deposition is not protected speech!” “Discovery is not discoverable by just anyone!”

Ultimately, the decision held that during the course of the litigation the videotape must remain securely within the confines of the respective attorney’s offices. It was to be secret and intact and used solely for the purpose for which it was intended—to discover facts to better prepare for trial. At the conclusion of the case, either by jury verdict or settlement, plaintiff, if she still desires to disseminate the video, must make an affirmative showing as to why she should be permitted to place the deposition on the Internet.

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