New Rule on Taking Remote Depositions

New York’s Chief Administrative Judge promulgated a new rule that became effective Dec. 15, 2021 for Commercial Division cases which specifically provides for taking remote depositions upon consent or by motion upon a showing of “good cause.”… law.com, New Rule on Taking Remote Depositions, Mark A. Berman, 2021

 

This new Rule 37 also includes a proposed “Stipulation and Order” which sets out specific protocols for taking remote depositions.

 

Rule 37 specifically provides:

 

(a) The court may, upon the consent of the parties
or upon a motion showing good cause, order oral depositions
by remote electronic means, subject to the limitations of this Rule.

 

(b) Considerations upon such a motion,
and in support of a showing of good cause,
shall include but not be limited to:

 

(1) The distance between the parties and the witness,
including time and costs of travel by counsel and
litigants and the witness to the proposed location for the deposition; and

 

(2) The safety of the parties and the witness,
including whether counsel and litigants and
the witness may safely convene in one location for the deposition; and

 

(3) Whether the witness is a party to the litigation; and

 

(4) The likely importance or significance of the testimony of the witness
to the claims and defenses at issue in the litigation.

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