remote – Coronavirus (COVID-19)

October 27, 2020 by Duane Morris

Depositions During the COVID-19 Crisis

With the country being so profoundly affected by COVID-19, many litigators are considering whether and how to take depositions in the coming weeks. Federal court responses have varied, from blanket extensions of civil deadlines to encouraging remote depositions. Whether it is advisable or even permissible to depose a witness under current circumstances will depend on several factors, including the jurisdiction, the deponent, and the anticipated substance of the deposition.

To read the full text of this article by Duane Morris attorney Danielle Bagwell, originally published in The Circuit Rider, please visit the firm website.

July 6, 2020 by Duane Morris

SDNY Finds In-Person Depositions Impose ‘Undue Burden’ on Nonparties During COVID-19 Pandemic

Health concerns over the lingering COVID-19 pandemic have given life to Rule 30(b)(4) of the Federal Rules of Civil Procedure, which provides: “The parties may stipulate—or the court may on motion order—that a deposition be taken by telephone or other remote means.” Trial courts in the Second Circuit are encouraging parties to stipulate to remote depositions to minimize the risks of COVID-19 exposure, with some courts ordering remote depositions as the default in pending cases.

To read the full text of this Duane Morris Alert, please visit the firm website.

May 26, 2020May 26, 2020 by Duane Morris

Beware of Pitfalls in Remote FINRA Hearings

Due to COVID-19, FINRA has postponed all in-person arbitration and mediation hearings through July 31, 2020, and is offering remote hearing services using Zoom and teleconference. Parties considering a remote hearing should consider the pitfalls of such hearings―particularly that they may be an inadequate substitute for an in-person hearing or that they will provide another ground on which decisions may be challenged.

To read the full text of this Duane Morris Alert, please visit the firm website.