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.

Attorney Advertising. Prior results do not guarantee a similar outcome. This publication is provided as a service to clients and friends of Harter Secrest & Emery LLP. It is intended for general information purposes only and should not be considered as legal advice. The contents are neither an exhaustive discussion nor do they purport to cover all developments in the area. The reader should consult with legal counsel to determine how applicable laws relate to specific situations. ©2021 Harter Secrest & Emery LLP