Commercial division update: Judicial discretion to permit remote depositions for non-resident parties

In-person depositions are often preferable as they allow lawyers to better assess witness demeanor and credibility, deal with physical documents and avoid disruptions from internet and equipment failures.

On the other hand, remote depositions can be far more convenient, can avoid travel expenses and are well suited to the technologies lawyers now have in place.

While frequently done on consent, courts otherwise are tasked with balancing the traditional preference for in-person depositions against the legitimate hardships that an in-person requirement may impose, particularly when the deponent resides outside the United States.

This column delves into the criteria the Commercial Division courts have considered when evaluating requests for remote depositions for party witnesses.

This article examines several cases outside the Commercial Division to demonstrate that a non-commercial party who is an individual may have an easier path to convince the court to allow a remote deposition than would a well-financed commercial party.

Read the full New York Law Journal article, "Commercial division update: Judicial discretion to permit remote depositions for non-resident parties."