When Remote Testimony Is Allowed in Court

Richmond, VA-based lawyer Claire C. Carr became the first associate attorney hired by her firm in 1992 and the first associate to be promoted to partner in 1998 at Kalbaugh, Pfund & Messersmith, PC (KPM LAW). Claire C. Carr specializes in workers’ compensation cases. KPM LAW is an insurance defense firm with over 40 attorneys, over 30 of whom try civil cases and participate in jury trials.

The use of technology in civil trials is making great strides as noncritical witnesses are allowed to provide testimony on live audiovisual links rather than in person. A recent rule by the Virginia Supreme Court provides guidelines for the court and litigants regarding the circumstances under which witnesses should be permitted to testify in absentia.

The ultimate decision is up to the court, but the guidelines establish that the court should allow remote testimony if:

- All parties consent;

- The witness is more than 100 miles from the hearing;

- The witness is a superintendent of a hospital for the insane more than 30 miles from the place of trial;

- The witness is a physician, surgeon, dentist, chiropractor, registered nurse, physician’s assistant, or nurse practitioner, who, in the regular course of his or her profession, treated or examined any party to the proceeding; or

- The witness is in any public office or service with duties that prevent his or her attending court.

Expert witnesses are still viewed as critical to the outcome of cases and therefore are not subject to these guidelines. However, the court may permit their remote testimony under “exceptional circumstances.”