When And How To Depose Fact Witnesses Remotely In 2022

By Tim Tryniecki and Thomas Mudd (December 7, 2021, 12:58 PM EST) -- As 2021 ends and the COVID-19 pandemic enters yet another new phase with the omicron variant and widespread vaccination, we find ourselves at the confluence of fact witness depositions and virtual platforms in all types of litigation in all 50 states. 

Both government regulations and court-mandated restrictions have limited in-person attendance at one of the most critical stages of any case. Most states now have specific rules that allow for depositions to be taken via telephone or other remote electronic means, such as Zoom. 

In addition, some employers have imposed travel restrictions during the pandemic that have further limited the ability...

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