Why Widespread Use Of Live Video Testimony Is Not Justified

By Geoffrey Wyatt, Jordan Schwartz and Zachary Martin (June 4, 2018, 10:48 AM EDT) -- In 2013, the U.S. Supreme Court approved a change to Federal Rule of Civil Procedure 45. The amendment confirms that a district court may not compel any witness — whether a party or not — to attend a trial held more than 100 miles from, and outside the state of, their home or workplace.[1] As commentary to the amendment explains, the change was intended to resolve disagreement among district courts regarding the extent of their powers to compel witnesses to testify, expressly disagreeing with the broader view that some courts had taken, under which parties or their officers could be compelled to travel across the country even if they did not have any residential or employment connection to the forum....

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