Episode 174 - Lessons From The Front Lines: In-Person Depos are the Default Again (And a Psychological Reason for Insisting On Them)

In this episode, we feature a brand-new deposition-related ruling that continues to build on the post-COVID pandemic rulings holding that in-person depositions remain the default and that parties seeking to force a remote-video deposition must satisfy the formidable good-cause burden. It's a great decision for your research bank, as are the others we've provided in the show notes below.And here's a bulletin for you. As Jim explains here, research in the field of behavioral psychology shows us there's a powerful psychological reason for insisting that your deponent appear in person - and it isn't that you can personally gauge their demeanor. Don't miss this one! SHOW NOTESGroskreutz v. Agropur, Inc., No. 25-CV-1153, 2026 WL 1694341 (E.D. Wis. June 11, 2026) (in-person deposition required because of need for counsel to observe body language and because plaintiff failed to show good cause for remote video deposition)Eletson Holdings, Inc., et al. v. Levona Holdings, Ltd., and Apargo Limited, et al., Case No. 1:23-CV-07331-LJL (S.D.N.Y. July 16, 2025), CM/ECF Doc. 505 (order requiring in-person deposition)Simoni v. United Airlines, Inc., No. 1:21-CV-01267 (N. D. Ill. Aug. 25, 2023), CM/ECF Doc. 66 (order requiring in-person deposition)Crutchfield v. Experien Information Solutions, Inc., et al., Case No. 1:25-CV-05697 (N. D. Ill. October 16, 2025), CM/ECF Doc. 44 (order requiring in-person deposition)Fed. R. Civ. P. 30(b)(4) (“By Remote Means. The parties may stipulate—or the court may on motion order—that a deposition be taken by telephone or other remote means. For the purpose of this rule and Rules 28(a), 37(a)(2), and 37(b)(1), the deposition takes place where the deponent answers the questions)Fed. R. Civ. P. 26(c)(1)(b) and (c) (authorizing court to determine manner, time, and place of deposition or other discovery)Bond & Depaulo, Accuracy of Deception Judgments, Personality and Social Psychology Review, Vol 10, Issue 3 Aug. 2006, https://journals.sagepub.com/doi/10.1207/s15327957pspr1003_2