The National Law Journal: Does Remote Testimony Eliminate the 100-Mile Rule?

O’Melveny partner David Marroso, counsel Tim Heafner, and associate Talia Alsalam co-authored this article discussing the application of the “100-mile rule” in a post-pandemic world. Before the pandemic, witnesses could be compelled to give testimony if they lived or worked fewer than 100 miles from the courthouse, but remote trials during the pandemic allowed witnesses to give virtual testimony. “Videoconference technology continues to transform the legal profession and provides the ability for witnesses to testify from remote locations. To the extent the commonness of videoconferencing merits a change in the rules, we believe that is an issue for the Committee on the Judiciary, the Supreme Court and Congress. In the meantime, best practice is for parties to take depositions of any witness outside subpoena range as there is no guarantee of calling that witness at trial—in person or remotely,” the authors wrote.

Read the full article here.