Product liability and mass torts associate Andrew Jackson spoke with the American Bar Association Section of Litigation's Sound Advice podcast in an episode titled “Protecting Witnesses Outside the Trial Court Subpoena Power from Compelled Live Testimony via Zoom.”
In the podcast, Jackson explained that the pandemic brought about massive improvements to contemporaneous testimonial technology, such as Zoom, particularly for when the witness is not subject to the subpoena power of the court. Jackson noted that despite improved video technology, attorneys must still consider the federal rules of civil procedure when contemplating the trial testimony of a witness not subject to the subpoena power.
In recent times, Jackson explained, there have been more motions to compel live testimony via video technology of a witness at trial who is not within the subpoena power of the court. Opposing counsel argue that good cause and compelling circumstances exist to compel the testimony of a witness via video conference testimony even though they wouldn’t normally be able to compel attendance at trial in-person.