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.
