[Eugene Volokh] We'll Try, But It's Going to Be Dicey ….

A bit of pragmatic candor from an order today in Point Bridge Capital, Inc. v. Johnson (N.D. Tex.):

Plaintiffs' Motion to Permit Remote Trial Testimony of Expert Witness … states that their expert has been hospitalized for heart problems and is under strict doctor's orders not to travel. Plaintiffs submit a sworn affidavit in support of their Motion…. Defendant indicated that he would leave the determination up to the undersigned. Thus, the Court assumes he is unopposed. Accordingly, the Court finds it appropriate to GRANT Plaintiffs' Motion under these extenuating circumstances.

The Court notes that due to the age of the Courthouse, and the general policies in the Fort Worth Division, remote testimony has only ever been attempted once before by the Court—under similarly appropriate circumstances. That attempt was unsuccessful and as a result the Court was forced to strike the witness. Thus, the Court highly recommends that Plaintiffs contact the Court IT as soon as possible.

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