Recorded Depositions: Another COVID-19 Casualty in New York State?

HSE litigation attorneys, John G. Horn and Kristian D. Walker, recently authored an article in the New York Law Journal titled, “Recorded Depositions: Another COVID-19 Casualty in New York State?” In the article, John and Kristian describe the potential admissibility challenges virtual depositions via platforms such as Zoom, Microsoft Teams, Skype, and others, have created for today’s litigators.

They examine Alcorn v. City of Chi., 336 F.R.D. 440, 443, Fed. R. Civ. P. 30(b)(4), Schoolcraft v. City of New York, and other cases/rules, as background to show that there is no definitive answer just yet on the admissibility of video-recorded depositions in New York State. However, they note some best practices to maximize the evidentiary value of your efforts, such as hiring a videographer to conduct and certify the video deposition, syncing your video recording with the stenographer transcript, and not recording any off-the-record or confidential conversations.

To view the article on the New York Law Journal website, click here.

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