{"id":903726,"date":"2024-12-17T15:34:22","date_gmt":"2024-12-17T22:34:22","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=903726"},"modified":"2024-12-17T15:34:27","modified_gmt":"2024-12-17T22:34:27","slug":"remote-depositions-washington-revises-rules","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/remote-depositions-washington-revises-rules\/","title":{"rendered":"Washington Revises Rules\u00a0for\u00a0Remote Depositions"},"content":{"rendered":"\n

Esquire Deposition Solutions<\/a><\/p>\n\n\n\n

The Washington Supreme Court recently approved significant revisions to that state\u2019s procedural rules on remote depositions. Revised\u00a0Rule 30<\/a>\u00a0of the Washington Civil Rules will now allow remote depositions<\/a> to be noticed without leave of court, subject to a very short time window for filing objections. The new rules also contain detailed restrictions on attorney and witness behavior during remote depositions.<\/p>\n\n\n\n

The new rules, which took effect Oct.\u00a01, 2024, were developed by the Board for Judicial Administration\u2019s\u00a0Remote Proceedings Work Group<\/a>https:\/\/www.courts.wa.gov\/programs_orgs\/pos_bja\/?fa=pos_bja.courtRemoteTF%23:~:text=The%2520BJA%2520Remote%2520Proceedings%2520Workgroup,or%2520other%2520funding%2520as%2520needed.<\/a>.<\/p>\n\n\n\n

Deposition practice in Washington has evolved several times since the early days of the COVID-19 pandemic. The state supreme court, in an\u00a0emergency order entered May 28, 2020<\/a>, kept civil litigation moving along by encouraging lawyers \u201cto conduct discovery by remote means whenever possible.\u201d Two years later, the court,\u00a0apparently satisfied with the bar\u2019s experience with remote depositions<\/a>, entered on Oct.\u00a027, 2022, a subsequent\u00a0administrative order<\/a>\u00a0providing that depositions \u201cshall be performed remotely absent agreement of the parties or a finding of good cause by the Court to require the depositions be performed in person.\u201d<\/p>\n\n\n\n

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The court\u2019s most recent order reflects continuing high court support for remote depositions. However, instead of a prescriptive approach \u2013 e.g., depositions \u201cshall be performed remotely\u201d \u2013 Rule 30 now permits remote depositions to take place by notice alone, providing the opposing party a mere three days to file an objection.<\/strong><\/p>\n<\/blockquote>\n\n\n\n

Trial courts entertaining objections to remote depositions are asked to consider the following non-exhaustive factors when reaching their decision:<\/p>\n\n\n\n