Civil Procedure,
Technology
Aug. 18, 2023
Testimony of far away witnesses is possible, but not compulsory
COVID made Zoom ubiquitous, but that doesn’t mean the Federal Rules of Civil Procedure have changed.
Steven S. Fleischman
Partner
Horvitz & Levy LLP
Phone: (818) 995-0800
Email: sfleischman@horvitzlevy.com
Peder K. Batalden
Partner
Horvitz & Levy LLP
Appellate Law
Email: pbatalden@horvitzlevy.com
Peder handles 9th Circuit appeals in a wide variety of cases.
Witnesses who cannot be compelled to testify in federal trial courts because they are outside the court's subpoena powers are not suddenly fair game because of the common use of videoconferencing or Zoom technology. That is the ruling of a three-judge panel of the U.S. Circuit Court of Appeals for the Ninth Circuit, which recently issued rare writ relief in a civil case to two witnesses subpoenaed to testify in Los Angeles, more than 3,400 miles from their home in th...
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