The HCCH has just published its Guide to Good Practice on the use of video-conferencing technology in taking evidence under the Evidence Convention. Of course, the GGP wasn’t written from scratch on account of the COVID-19 pandemic, but its publication is certainly timely. One of things that seems to be happening during the crisis is a change in the received wisdom in a variety of fields about how the world should work. I suspect we are going to see changes in peoples’ physical work environments, in how retail sales work, in how classrooms work, in how medicine works, and it stands to reason that we will see changes in how lawyers do their work. The GGP would have been a good resource even if it had been published in normal times, but now it takes on new and increased relevance. I encourage readers to check it out. While it is tied to the Convention, some of what it has to say can be applied even in the context of cross-border depositions outside of the Convention context, or even ordinary domestic depositions.
The Swiss government has published a draft bill that, if enacted, would authorize