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Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6390
Experience:  20 years of professional experience
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Where can I get find cases that have used testimony by

Customer Question

Where can I get find cases that have used testimony by telephone or video in Rhode Island?
Submitted: 7 months ago.
Category: Business Law
Expert:  Marc Esq USA replied 7 months ago.

Hello. My name is Marc. I'm a licensed attorney and I will be happy to assist you.

I can probably find cases for (published and unpublished). But you'll need to provide some additional info:

- Are you looking for civil, criminal or either?

- Can you be more specific as to what kind of cases you need?

Please let me know so I can find what you need.

Thanks,

Marc

Customer: replied 7 months ago.
Civil
Customer: replied 7 months ago.
Missed second question. I submitted a motion and I've been told by plaintiffs counsel that's not how things are done in ri. So I need evidence if there has been cases where testimony has been admitted.
Expert:  Marc Esq USA replied 7 months ago.

Ok - thanks for clearing that up. Now, there are plenty of civil cases where deposition testimony is given via video. And there are plenty where depositions are recorded on video and the video is later used in court. As for having a witness appear testify in court, that only takes place in criminal cases. See atttached case, for example.

So, if your goal is to obtain the testimony of a witness on video, you have to do so in a deposition. You can then use that video later in court or as an exhibit (with printed transcript) to a motion.

I hope that helps! If so, please be sure to rate my answer, since that is the only way I can receive credit. Meanwhile, I wish you luck with your case!

Kind regards,

Marc

Customer: replied 7 months ago.
To clarify, your telling me that I cannot have my witness testify during a trial via telephone or video in a civil matter.
There are no cases that this was allowed? I'm looking for precedents.
My trial is in ri and my witnesses lives in Florida, three of them. I don't want to pay their travel and accommodations, worse if trial is delayed.
Expert:  Marc Esq USA replied 7 months ago.

Yes - that is correct. Witnesses do not appear at trial via video/telephone in civil cases. Hence, there are no cases to cite showing otherwise. I understand your predicament - having witnesses crucial to establishing your claims or defenses who are located far away. You are not alone in facing this predicament. Indeed, is common and I have encountered it myself. As discussed previously, the solutions are (a) subpoena them (which is costly and difficult when witnesses are out of state), or (b) have them testify via video in a deposition. Solution "b" is also common and recommended in most cases. Indeed, it's quite effective and it's the next best thing to having them testify at trial before a judge or jury. They simply testify - that is, answering your questions and those of your adversary - before the trial; the video of their testimony is then shown to the judge or jury. I hope that solution works for you, as I'm afraid it is likely the only plausible one.

Kind regards,

Marc

Customer: replied 7 months ago.
I am getting ready to resubmit this question, but before I do I want to be clear on your answer. You are telling me there have been no cases in RI or nationwide that have allowed testimony via telephone or video in a civil trial.
Expert:  Marc Esq USA replied 7 months ago.

I did not search nationwide because you specified only RI. Would you like me to check nationwide as well?

Customer: replied 7 months ago.
please. I found Oregon and Nevada both have documents online for submitting motions for telephone testimony. That would leave me to believe there have been some cases where this was allowed.
I have court tomorrow on my motion.
Expert:  Maverick replied 7 months ago.

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 7 months ago.

If in District Court, then the answer to your question appears to reside in Rule 32 of the Rhode Island Rules of Civil Procedure. The proper way to procure this testimony is by video deposition. Notice that there is no option by telephone listed and this is consistent with what I know about other State's laws. I am not finding any RI case law in the free legal databases that states otherwise.

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