International Videoconference Testimony for Trial

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Do you have a client who will be testifying in a trial overseas via videoconference from the United States? Sounds easy enough, but there are quite a few things to consider.

Time Difference – If your client is testifying in a trial in the Middle East, say somewhere like Israel, you’ll need to consider the difference in time zones. If you’re on the east coast, you’re looking at a seven-hour time difference. If on the west coast, it’s a ten-hour difference! How do you manage that? You’ll need to figure out when the presiding judge will want the testimony and then determine a videoconference facility in the U.S. that will accommodate you at such an odd hour. For instance, if the judge says he wants the testimony to begin at 9 a.m. on Wednesday morning in Israel, then you’ll need to have the witness connected at 2 a.m. if you’re somewhere like New York City!

Technology – You’ll need to find out if the courthouse has videoconferencing equipment. If so, you can set everything up fairly easily. If not, you’ll be faced with a few more challenges, but nothing insurmountable. Does the courthouse have stable high-speed internet? If so, you can connect via mobile videoconference, or laptop-to-laptop.

Administering the oath – Unlike depositions overseas where the oath can be stipulated upon agreement of both parties, you’ll need to find out the judge’s preference. Ultimately, the judge will be the determining factor. Perhaps they will want a notary public in  the presence of the witness to administer the oath. Perhaps they will allow the court clerk at the far site to administer the oath. This is an important step in the process that ’you’ll want to settle with the judge before the testimony begins.

Bottom line, preparation is key. Gather as much information as you can well before the trial is set to start so you have all your ducks in a row when it comes to crunch time.

 

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