Chapter 6 - § 6.13 REMOTE TESTIMONY

• Jurisdiction: Colorado

§ 6.13 REMOTE TESTIMONY

Colorado

➢ General; Trial Court Discretion. "A trial court's decision to permit or prohibit a witness from offering remote testimony is reviewed for an abuse of discretion." People v. Gutierrez, 2018 CO 75, ¶ 11.

Federal

➢ General; Good Cause. A district court may allow remote testimony only "[f]or good cause in compelling circumstances and with appropriate safeguards." F.R.C.P. 43(a); Gil-Leyva v. Leslie, 780 F. App'x 580, 587 (10th Cir. 2019). "Mere inconvenience doesn't satisfy this standard. In general, the rule contemplates situations where a witness cannot appear in person 'for unexpected reasons, such as accident or illness.'" Id. (quoting F.R.C.P. 43(a) advisory committee's note to 1996 amendment).

➢ Trial Court Discretion. "[A] district court's decision whether to allow remote testimony

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