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Mark Berman. Mark Berman. Photo: Rick Kopstein/NYLJ

Litigators have differing views as to the effectiveness of conducting remote depositions. However, litigation needs to proceed, and waiting for depositions to restart until there is an effective COVID-19 vaccine is simply not workable. Equally not workable is for an attorney or a client in this day and age to claim that they do not have the technological capabilities to participate in a remote deposition. That is solvable with training and a mobile device. Of course, the health concerns of the parties, counsel and court reporter must be taken into account when a court is asked to compel the taking of a remote deposition.

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