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Injured in another state and having great difficulty traveling - if I go to court, will I have to appear in person?
Anonymous2 views3 answers
I was injured in the state of MD, so MD courts will have to handle the case if my lawyer cannot negotiate a suitable settlement. I currently live in OH, Driving/riding more than 30 minutes at a time causes me great physical pain. Flying is out of the question due to the nature of my injuries (3 lumbar herniations - even slight air pressure changes cause agony). If the case proceeds to trial, would I be required to appear in person, or would I be allowed to offer testimony remotely via telephone or some other method?
Talk to your own lawyer, there may be options. However, in a jury trial, the ability of the jury to actually see you live in the same room as you are testifying to observe your demeanor is considered next to sacrosanct. The video depositions are used more for experts under special rules or for witnesses by agreement of the parties as long as full cross examination is allowed. If you waive a jury trial - which is a consideration - at a bench trial this would more likely be allowed. I know the rules of my own states, but this all depends on the rules of the MD court and the flexibility of the parties and the court.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
Unfortunately, you would probably be compelled to testify in person. One possible exception would be if your video deposition were taken in your home State upon agreement of the parties and/or approval of the Court that it be used at trial. An additional condition of doing so would probably be that both parties know for what purpose it is being used at the time the video deposition is being taken (as opposed to after-the-fact.)
Starting with your comment, "if my lawyer cannot negotiate a suitable settlement..." I would direct you to ask him these questions. Posting on this site when you have counsel can lead to conflicting and confusing advice from those of us who simply don't have all the facts at your current lawyer's disposal.
If he negotiates a settlement, he makes his fee, so he has every reason to talk with you.
On the narrow point of Maryland law, a plaintiff who elects to sue in this jurisdiction can be compelled to appear in this jurisdiction. You could be excused from trial, and your testimony broadcast via tape. But the defendant can compel you to attend with the appropriate subpoena.
