LCJ Rules Suggestion in Support of the “Compelling Circumstances” Requirement in FRCP Rule 43(a)

The Advisory Committee on Civil Rules and its Rule 43/45 Subcommittee are considering changes to Rule 43(a) on remote testimony. LCJ’s Rules Suggestion urges the Advisory Committee to retain Rule 43(a)’s “compelling circumstances” standard for remote testimony, contending that replacement of the current standard with a “good cause” default would spawn new motion practice and detract from the gravitas of the trial process. The Rules Suggestion argues that Rule 43 already provides a remedy for situations in which a witness is unavailable at trial: deposition testimony. It concludes that Rule 43(a) now strikes the right balance for courts and parties and should not be amended. Please click here to read rules suggestion.