The New Normal Arrives Permanently in Minnesota

Minnesota’s judicial system is not going back to the way cases were decided prior to the COVID-19 pandemic.  Starting June 6, litigators in Minnesota’s courts will have the certainty of knowing in advance which case matters will be held remotely and which will be held in person. In the vast majority of cases, the format…

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North Carolina Appellate Court Says Civil Litigants Have Constitutional Right to the Physical Presence of Counsel During Depositions

A North Carolina hospital defending a medical malpractice action was denied constitutional due process when the trial court, citing pandemic-related health concerns, forbade its attorneys from being physically present with the hospital’s witnesses during remote depositions, according to an April 5 ruling from the North Carolina Court of Appeals. The court’s ruling in Hall v.…

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10 Reasons to Consider Video Depositions Now

It’s one thing to say that video is more impactful than the spoken word or words printed on a sheet of paper. But it’s quite another to personally experience the power of video, as we all have during the past two years of virtual hearings, Zoom meetings, and remote depositions. Litigators today know that video…

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Discovery Depositions and Hearsay Evidence

The California Supreme Court recently issued an important ruling on the use of civil discovery depositions in lieu of trial testimony. The court’s opinion in Berroteran v. Los Angeles County Superior Court, No. S259522 (Calif. Sup. Ct., March 7, 2022), removed from the books an intermediate appellate court decision that it believed would have admitted…

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Lawyers: Be Smart (and Ethical) With Those Smart Devices

Cameras and microphones are everywhere, capturing our movements and recording every sound within their reach. The cell phone, the voice assistant, the family car, the pet camera, even that new sous vide precision cooker. They’re all listening or watching. Nearly everyone is aware of these devices. But are we sufficiently aware of them? Do we…

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