Landmark Ruling Establishes Standard for Live-Video Testimony at Civil Trials

Landmark Ruling Establishes Standard for Live-Video Testimony at Civil Trials

In a decision that will have a tremendous impact on the way civil trials are conducted, the Appellate Division, in a published case, agreed with the position advocated by Gregory A. Pasler, Esq. of Townsend, Tomaio, & Newmark. Mr. Pasler argued that his client, who resides in India and could not obtain a visa to come to the United States to attend his trial, should be allowed to provide testimony via Live-Video Feed, an emerging technology. The Trial Court disagreed with this position, and Mr. Pasler appealed and argued the matter, convincing the Appellate Division to not only set a new standard for video-conferencing at trials but to refer this matter to the Supreme Court Rules Committee. The Appellate Division agreed with Mr. Pasler’s position and established a multi-part test to determine when a party, at a civil trial, may testify utilizing Live-Video testimony. This test will no doubt have a profound impact on the way trials are conducted for years to come.

To read an article written about the case, click here. To read further into the case itself, click here.