Ground Rules For Live-Video Testimony Spelled Out In NJ

Law360 (January 23, 2020, 6:30 PM EST) -- A New Jersey state appeals court on Thursday said judges should consider the substance of witness testimony, among other factors, in deciding whether someone can testify via live video at a civil trial, ending at least eight years of uncertainty about the parameters of testimony permitted by the state Supreme Court but unaddressed in state court rules.

In a published opinion, the appellate panel proposed such guidelines when it nixed a trial court ruling barring a husband from testifying by video at a divorce trial. Court rules don't prohibit such testimony, but don't provide guidance for when it may occur either, the...

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