Mark Berman. Photo: Rick Kopstein/NYLJ Remote Depositions in State Court: Can They Be Compelled?
With regard to conducting depositions in the age of COVID-19, the question often becomes: Does the party seeking the deposition during the current health crisis, over objection, get to determine the means by which a deposition will be taken? In his State E-Discovery column, Mark A. Berman discusses the few New York state cases that have addressed the issue of remote depositions.
November 02, 2020 at 12:45 PM
7 minute read
Litigators have differing views as to the effectiveness of conducting remote depositions. However, litigation needs to proceed, and waiting for depositions to restart until there is an effective COVID-19 vaccine is simply not workable. Equally not workable is for an attorney or a client in this day and age to claim that they do not have the technological capabilities to participate in a remote deposition. That is solvable with training and a mobile device. Of course, the health concerns of the parties, counsel and court reporter must be taken into account when a court is asked to compel the taking of a remote deposition.
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