News & Analysis as of

Discovery Coronavirus/COVID-19 Remote Depositions

Esquire Deposition Solutions, LLC

Federal Litigants Can’t Insist on In-Person Depositions

Way back in April 2020, during the early days of the COVID-19 pandemic, a federal magistrate judge in Colorado had already seen enough to offer the following plea that lawyers reassess their habit of traveling long distances...more

Roetzel & Andress

Recent Changes to the Ohio Rules Address Remote Attendance, Discovery Disputes, and Service of Process

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The following highlights several of the changes to the Ohio Rules of Civil Procedure that went into effect on July 1, 2023. The changes impact, among other things, physical and remote appearance, the rules governing...more

Esquire Deposition Solutions, LLC

The Four Types of Depositions

There are four main ways to conduct a pretrial deposition in modern law practice: the deposition by written question, the in-person deposition, the remote deposition, and the hybrid deposition. Each has its strengths and...more

Esquire Deposition Solutions, LLC

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...more

Esquire Deposition Solutions, LLC

Do Remote Depositions From Home Violate Rule 45(c)’s 100-Mile Subpoena Limit?

We recently blogged about a case in which a court ruled that a subpoena for a remote deposition did not violate Federal Rule of Civil Procedure 45(c)’s 100-mile limit on subpoenas for non-party witnesses because the deponent...more

Planet Depos, LLC

Remote Depositions Remain a Popular Option After Covid

Planet Depos, LLC on

In-person depositions are on the rise again, but remote depositions are here to stay. Even though remote depositions are no longer the only option, they remain a very convenient and increasingly efficient option. As a Planet...more

EDRM - Electronic Discovery Reference Model

The Magnificent Seven, Part 2: More Blunt Observations from Judge Jeffrey Cole

Last time, I discussed one of our favorite judges to cover on the EDRM monthly case law webinar: Illinois Magistrate Judge Jeffrey Cole, who pulls no punches when it comes to how he views lack of cooperation and other...more

Epiq

Three Data Trends to Watch

Epiq on

Each year, practitioners and the courts face data issues applying to collection, preservation, security, compliance, global practice challenges, and more. Some questions repeat or evolve, while others are entirely fresh...more

Downs Rachlin Martin PLLC

The Future of Remote Litigation And Benefits Of In-Person Depositions And Proceedings For Attorneys And Clients

Legal professionals and commentators have rightly extolled the benefits of the massive shift in the legal work environment. Almost overnight, the practice of law went virtual. As we head into 2022, the legal profession and...more

Esquire Deposition Solutions, LLC

Remote Depositions Prompt Novel Court Rulings on Discovery Practice

A prior post looked at two recent trial court rulings involving claims that witness coaching had occurred during a remote deposition, making the point that litigators can protect their clients against witness coaching by...more

Farrell Fritz, P.C.

Even as Pandemic Wanes, Remote Depositions Remain the New Normal

Farrell Fritz, P.C. on

In March 2020, the New York State Courts and attorneys’ offices all over the state shut down as part of the public’s broad effort to slow the spread of the Coronavirus, and the legal profession quickly transitioned to remote...more

Esquire Deposition Solutions, LLC

16 Tips To Nail Your Next Remote Deposition or Hearing

The American Bar Association’s Litigation Section recently gathered two experienced virtual advocates and one judge to discuss their experiences handling remote depositions and virtual trials during the COVID-19 pandemic. The...more

Butler Snow LLP

How is COVID-19 Affecting Legal Discovery?

Butler Snow LLP on

Like all aspects of business, COVID-19 has also impacted the legal discovery process. The discovery process in a lawsuit is generally comprised of written discovery (interrogatories and requests for production of documents)...more

Esquire Deposition Solutions, LLC

The High Price of Failing to Appear for Deposition

The necessity to advance civil litigation during the COVID-19 pandemic remains a challenge for counsel, even as positivity and death rates are falling across the United States. Litigators are juggling client meetings, court...more

Womble Bond Dickinson

Trial and Error: The Future of Remote Litigation

Womble Bond Dickinson on

Highlights - Courthouses are here to stay but virtual options may stay for pre-trial proceedings. - Remote trials raise some concerns, including due process claims. - Courts will continue to use technology to relieve the...more

Rumberger | Kirk

30(b)(6) Discovery in the Age of COVID-19

Rumberger | Kirk on

Defending corporate representative depositions in the new reality. If there is one lesson all trial lawyers have learned over the last year, it’s that life and the practice of law must go on, even in the face of upheavals...more

Proskauer - Minding Your Business

COVID-19 “Not a Golden Ticket” to Avoid Discovery Obligations

The COVID-19 pandemic has unquestionably had a massive effect on nearly all aspects of American life. However, now that COVID-19 is and continues to be a known risk, parties should carefully consider when and to what extent...more

U.S. Legal Support

Litigating in a Pandemic: How Remote Depositions Have Changed My Practice

U.S. Legal Support on

Seemingly overnight, the COVID-19 pandemic changed the landscape of the legal industry. With the sudden shift to remote work, in-person activities such as depositions are now being conducted almost exclusively in virtual...more

Planet Depos, LLC

Remote Deposition Tips: Pointers from the Field

Planet Depos, LLC on

With 2020 having finally reached its long-awaited close, why not consider a positive of the year? We have mastered the art of the remote deposition! Yes, after months of Zooming here and there and everywhere, it is time to...more

Robins Kaplan LLP

Embracing the New Normal: Tips for Remote Depositions

Robins Kaplan LLP on

Get Your Virtual Background Ready! How To Navigate The New Realities Of Zoom Depositions - For many of us, connecting by Zoom, Teams, or WebEx has become routine. Whether it is for work-related meetings, online schooling,...more

Planet Depos, LLC

Important Reminders For Your Remote Deposition

Planet Depos, LLC on

You’ve likely been taking remote depositions for going on six months now, so you’re well-versed in the procedure. Even so, a refresher is always a good thing. Or perhaps you’ve been resisting the remote trend and are now...more

Jaburg Wilk

Virtual Depositions are as Easy as One, Two… Can You Hear Me, Now?

Jaburg Wilk on

For cost containment - or other reasons - attorneys are trying fewer civil cases to juries. Years ago, trial attorneys would easily try dozens of cases per year. Now, it is not uncommon for a “trial attorney” to try one or...more

Baker Donelson

Sitting with the C-Suite: COVID 19 Impact – Four Sectors of Change for the Legal Industry

Baker Donelson on

Rakesh Madhava, the chief executive officer of Nextpoint, has extensive litigation experience, first as a litigation paralegal at, among other law firms, Kirkland & Ellis, and then as a litigation data consultant at FTI...more

Sullivan & Worcester

Remote But In Control: Virtual Depositions are the New Normal

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ADVISORY UPDATE: On May 26, 2020, the Massachusetts Supreme Judicial Court issued additional guidance concerning remote depositions, reiterating its support for remote depositions whenever possible in light of continuing...more

Faegre Drinker Biddle & Reath LLP

“Deposition Distancing”: Practical Considerations for Taking Remote Depositions

The COVID-19 pandemic continues to keep many lawyers, clients and witnesses at home. As we discussed in a previous post, many courts are encouraging or requiring remote depositions, typically by videoconference, to keep...more

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