Lewis & Clark Law Review
First Page
299
Abstract
Technology has improved our lives in countless ways. In 1996, it made its way into our federal courtrooms and the Federal Rules of Civil Procedure when the Congress codified Rule 43(a). Rule 43(a) permits a witness to testify remotely via telephone or video transmission upon a showing of good cause. Despite this large step into the modern era, some courts are pressed to exclude a witness’s remote testimony because of Rule 43(a)’s burdensome good-cause standard and the risks implicated by such testimony. The judiciary has struggled to find cohesion in determining when remote witness testimony is permissible. This Note critiques some federal courts’ reluctance to allow witnesses to testify remotely and proposes a new rule that would meet the demands of modern society.
Recommended Citation
Christopher Fobes,
Rule 43(A): Remote Witness Testimony And A Judiciary Resistant To Change,
24
Lewis & Clark L. Rev.
299
(2020).
Available at:
https://lawcommons.lclark.edu/lclr/vol24/iss1/8