Proposed Amendments to Federal Rules 43 and 45 Could Expand Remote Trial Testimony

In a Bloomberg Law article, partners Alan Rothman, Michelle Ramirez and Amanda Crawford-Steger examine proposed amendments to Federal Rules of Civil Procedure 43 and 45 that could significantly expand the use of remote testimony in federal trials. The proposed changes would shift the presumption in favor of remote testimony and could broaden courts' ability to compel remote testimony from witnesses located outside a trial court's traditional geographic subpoena range.

The authors analyze the potential implications for trial strategy, witness preparation, subpoena practice and witness credibility, while also addressing concerns regarding abuse, gamesmanship and emerging technology risks. Read the full article for additional analysis of how the proposed amendments could affect federal litigation and trial practice.