Bench/Bar -3- Discoveries and Cross-examinations

The following is part a series of Camberwell House summaries of some key court and courthouse information as recently relayed to the Middlesex Law Association by Justice Duncan Grace, Regional Senior Justice Bruce Thomas, and Trial Coordinator Joy Beattie.  It is not in the order of the notes provided by the Courthouse, but is organized by topic.

The court is reluctant to wade in on the issue suggesting that, for the duration of the crisis, discoveries should be held by video conference.  But the Court finds that the suggestion of having a discovery by video conference is reasonable.

The court isn’t going to provide an order that cross-examinations for urgent Motions and Applications be held by videoconference, even in the absence of the consent of the parties. 

Court:  “If it makes sense and is fair, please do it. In terms of procedural direction – the court has broad jurisdiction to order anything even absent Covid-19”, but isn’t doing that yet.

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