The four rule sets every officer must know
FRCP, state civil procedure, local rules, standing orders — and the hierarchy among them.
Why this matters more than equipment
Most legal videographers worry about the wrong things. They obsess over the camera. They benchmark microphones. Meanwhile, the most expensive mistakes — disqualified records, sanctioned conduct, lost bookings — come from rule violations, not gear failures.
Rule set one — the FRCP
The Federal Rules of Civil Procedure govern federal civil practice. Rule 28 controls Officer eligibility. Rule 30 controls how depositions are taken — including 30(b)(4) on remote means and 30(b)(5) on the statements you make on the record. Rule 32 controls how depositions are used at trial. If you're working federal civil, these are non-negotiable. The Federal Rules Quick Reference has all of them in plain English, searchable.
Rule set two — state civil procedure
Each state has its own rules of civil procedure. Most are FRCP-derived but diverge in places that matter — court reporter requirements, notice periods, witness review windows, and whether an oath may be administered remotely at all. The CDVS curriculum teaches the federal pattern and flags where states commonly diverge. The federal rule is your baseline; it is never your answer on its own.
Rule set three — local rules
Each federal district and most state courts publish local rules that supplement (and occasionally contradict) the higher-level rules. The Eastern District of Texas, for instance, has standing orders that affect how exhibits are handled at deposition. You read the local rules before every new venue.
Rule set four — standing orders
Individual judges issue standing orders — sometimes case-specific, sometimes courtroom-specific. They take precedence over local rules when they conflict, and they govern things you can't get from the formal rules: which exhibits go on the record, how breaks are handled, what the judge expects on a transcript designation.
How to read them in conflict
When two rules conflict, the order is: standing order > local rules > state or federal rules of civil procedure > rules of evidence. The CDVS curriculum works through the common conflict patterns and the resolution for each.
What to do before every new venue
Check the local rules. Check the standing orders. Confirm with the noticing attorney. Document what you confirmed and from whom. The five-minute pre-deposition rule check is the cheapest insurance in this profession.
Where this shows up in the work
Two places, immediately. Your on-the-record statements are governed by FRCP 30(b)(5), and the federal floor is only the floor — the On-the-Record Statement Builder generates the required scripts, and the other three rule sets may add to them. And if the deposition is remote, 30(b)(4) opens the door but the local rules and standing orders decide what walks through it — see remote depositions over Zoom.
Where this is taught
The four rule sets are module two of the CDVS curriculum, and the reason the credential exists: most legal videographers only know the first one. If you're earlier than that, Deposition Video 101 is free and covers the same ground at orientation depth.
Want more like this?
New field guides and free tools as we publish them — plus rule changes, court orders, and what's actually happening in the profession.
Unsubscribe in one click. We never sell your address. Browse all field guides →