A recent decision by the U.S. Court of Appeals for the Ninth Circuit has deepened a circuit split and cast doubt on an increasingly common trial technique following the pandemic.

Peter B. "Bo" Rutledge, dean of the University of Georgia School of Law.Peter B. "Bo" Rutledge, dean of the University of Georgia School of Law. Peter B. “Bo” Rutledge, dean of the University of Georgia School of Law. (Courtesy photo)

In Kirkland v. United States Bankruptcy Court for the Central District of California, the Ninth Circuit considered video transmissions for witness testimony in court proceedings. The mandamus proceeding arose from a bankruptcy court order requiring Ann Kirkland, a party acting as sole trustee, and John Kirkland, a nonparty, to testify remotely in an adversary proceeding involving the Bright Conscience Trust.