State Supreme Court to review petition pushing for continuance of virtual depositions

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The Wisconsin Supreme Court has granted a hearing to review a petition requesting the allowance of virtual deposition and oathtaking to remain in place. The operation of these remote procedures expires July 1.

Filed in October of 2021 by James Rogers, the government affairs director for the Wisconsin Association of Justice, the petition calls for permanent amendment to statute §804.03, altered in March 2020 in response to the pandemic. In-person depositions were standard practice previously so the identity of the deposed could be verified, a process the WAJ contends has proven possible virtually.

“The pandemic sped up the adoption of live audio-visual technology such that many attorneys have now become comfortable with and many even enjoy taking depositions remotely,” Rogers said.

Rogers also discussed the logistical benefits.

“In terms of cost and convenience, it is a huge plus to be able to get testimony recorded without additional travel burdens,” he said.

The state Supreme Court will conduct a public hearing at 9:30 a.m. April 11 in its chambers in the state Capitol. The official order can be found here.