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A coalition comprising prominent plaintiffs’ law firms in the United States is advocating for a revamp of the rules governing civil trials post the COVID-19 pandemic. They propose amendments to facilitate live-streamed testimony by witnesses unable to appear in person, aiming for a more efficient and equitable trial process.
Advocating for Live-Streamed Testimony
In a letter addressed to the federal judiciary’s top rulemaking committee, lawyers from 12 law firms, spearheaded by Hagens Berman Sobol Shapiro, outlined their plea for a modernized approach. Contrary to seeking an end to live, in-person trial testimony, they emphasize the importance of live transmissions when witnesses cannot be physically present. The coalition argues against the use of fragmented video clips from pre-trial depositions, advocating for a seamless live testimony experience.
Proposal Overview
The proposed amendments aim to alleviate confusion surrounding the courts’ jurisdiction to subpoena witnesses living beyond a 100-mile radius. By encouraging live transmissions, the coalition aims to bridge the gap between physical presence and remote participation, thereby enhancing trial proceedings. Thomas Sobol of Hagens Berman, a leading supporter of the proposal, underscores its significance in modernizing civil trial practices.
Reception and Next Steps
The proposal, deemed “strong” by Sobol, has been forwarded to the Advisory Committee on Civil Rules for further deliberation, with a scheduled meeting on April 9. Reflecting on the changes instigated by the COVID-19 pandemic, federal courts increasingly resorted to remote proceedings, albeit with a preference for in-person jury trials. However, advancements in videoconferencing technology have blurred the distinction between in-person and remote testimonies, prompting the need for updated regulations.
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Addressing Judicial Divergence
Despite technological advancements, courts grapple with divergent views on compelling remote testimony and the limitations posed by geographical constraints. Notably, the 9th U.S. Circuit Court of Appeals set a precedent by ruling against the remote testimony of Virgin Islands residents in a California bankruptcy proceeding. This underscores the need for standardized guidelines to streamline trial procedures and ensure fairness for all parties involved.
In summary, the coalition’s proposal signifies a pivotal step towards adapting legal frameworks to the realities of the digital age, fostering efficiency, accessibility, and fairness in civil trials.
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