Last week, I had an oral argument in court regarding whether my client may insist on taking depositions by live testimony. The opposition had insisted on Zoom depositions, citing COVID-19 concerns. The argument was held in Bucks County which has been conducting live trials for more than a year. The judge quickly sided with my client, pointing out that live testimony is far better for evaluating a witness’ credibility, which is a legitimate objective of a deposition of a party opponent. It goes without saying that we will have to abide by health and safety guidelines during the live depositions. At this point, I am taking some depositions live and some by Zoom. There are no hard and fast rules, but I think it is reasonable to presume that the Courts that have reopened for live trials will be more likely to require live depositions as well.
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