Protective masks used to stem the spread of COVID-19. Photo: Diego M. Radzinschi/ALM Judge Orders Defendant to Remove Mask for Deposition
"The spontaneous gesture, the lifting of an eyebrow, the shrug of the shoulders, the intonation of the voice, the flash of the eye, the facial expression—these are a few of the vital and influential indicia of credibility which the [factfinder] observes and by which he is guided" and which "cannot be reproduced upon the record submitted to the reviewing court," the court said.
August 10, 2021 at 04:19 PM
5 minute read
COVID-19
Stating that a mask would obscure a witness's facial expressions, a Pennsylvania state court trial judge has ruled in favor of compelling a defendant who claims he is afraid of contracting COVID-19 to give an unmasked deposition in a medical negligence case.
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