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Personal Inj. Med. Malpractice | Puerto Rico
Order
ORDER. Plaintiffs mention in passing in the "Joint Proposed Pretrial Order" that they will "with leave of Court" provide the virtual testimony of three proposed witnesses based in Virginia, to wit, Mr. Anthony Gage, Dr. Christine Pletkova and Mrs. Dee Goyal because their employers have not authorized them to appear in person to Puerto Rico due to other professional commitments. (ECF No. 203, pp. 63-64). Even though Plaintiffs have not formally requested leave, the Court notes that, but for a general assertion, Plaintiffs have not shown "good cause" and "compelling circumstances" under Fed.R.Civ.P. 43(a) to allow their live virtual testimonies at the upcoming jury trial. As the Advisory Committee Notes to Fed.R.Civ.P. 43(a) explain, "[t]he most persuasive showings of good cause and compelling circumstances are likely to arise when a witness is unable to attend trial for unexpected reasons, such as accident or illness, but remains able to testify from a different place." (quoting Fed.R.Civ.P. 34(a) Advisory Comm. Notes 1996 Amendment.). Thus, Plaintiffs stated reason (employers did not authorize them to appear in Puerto Rico) does not seem to meet the standard for good cause under Fed.R.Civ. P. 43(a) as expounded by case law from this District. As such, considering the proximity of the jury trial and that video testimony can be less reliable than in-person testimony, with potential for bias and reduced juror engagement, Plaintiffs are granted until 7/22/2026 to file a motion for leave to present trial testimony of these three proposed witnesses via virtual means, explaining in detail their inability to attend trial (not a mere inconvenience for the witnesses to attend trial) and the legal grounds for such a request, including how their remote testimonies (considering the three proposed witnesses are in Virginia and beyond the subpoena power of the Court) would not nullify the 100-mile limitation imposed by Fed.R.Civ.P. 45 (c). Defendants are granted until 7/28/2026 to respond. Plaintiffs' failure to comply with this Order will be understood as Plaintiffs' withdrawal of the three proposed witnesses from testifying at trial. Signed by Judge Camille L. Velez-Rive on 07/16/2026. (CVR)
Pretrial Memorandum
PRETRIAL MEMORANDUM by Bernadette Barroso. (Rodriguez-Velez, Paul)
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