Indiana High Court Is Latest to Examine “Good Cause” for Remote Proceedings

Increasingly, the phrase “good cause” is being used by courts to decide whether a deposition or other judicial proceeding should be conducted remotely or in person. Depending on the jurisdiction and the precise nature of the proceeding, litigators are being asked either to show “good cause” for holding a presumptively in-person proceeding remotely or, on…

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Do You Have Good Cause for a Remote Deposition?

For litigators seeking to conduct a deposition remotely over an opponent’s objection, the watchword is “good cause.” Good cause is required to obtain permission for a remote deposition. A different kind of good cause is necessary to present remote testimony instead of live testimony in a federal courtroom. Yet another, often more permissive, kind of…

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Zoom Isn’t the Place Where Remote Depositions Occur

In the early, heady days of the commercial internet, legal scholars David Johnson and David Post wrote, “because events on the Net occur everywhere but nowhere in particular … no physical jurisdiction has a more compelling claim than any other to subject these events exclusively to its laws.” Johnson and Post were arguing, at the…

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Who Can Attend a Remote Deposition?

Until very recently, the rule in many jurisdictions was that any individual could attend a deposition unless the trial court ordered otherwise. Some litigators brought expert witnesses to the deposition of the opposing party’s expert witness. First-time deponents sometimes sought the comforting presence of family members. And other litigants believed that the presence of fact…

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Are Lawyers to Blame for a Client’s Boorish Deposition Behavior?

Seasoned litigators know that incivility toward opposing counsel and their clients is not only unprofessional but is, ultimately, a disservice to the client. Harsh words and dilatory behavior impair constructive communications among the lawyers involved in the case, raising costs for everyone and short-circuiting opportunities for reaching a settlement prior to trial. We’ve written several…

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Washington High Court Announces Preference for Remote Depositions

Washington’s embrace of remote depositions is contained in a set of court rule revisions issued by the Washington Supreme Court Oct. 27. The rules took effect Oct. 31, the day that the governor’s emergency proclamation addressing court operations during the COVID-19 pandemic expired. For civil matters litigated in Washington state courts, all depositions will be subject to…

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