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Florida Arbitration Award Vacated Due to Deposition Texting

One of the side effects of the Covid pandemic is that attorneys have been forced to rely on remote depositions. In a normal deposition, both sides’ attorneys, the court reporter, and the witness are located in the same room. That makes it difficult for a third party to coach the witness or provide the witness with answers. By contrast, in a Zoom deposition, a witness is often alone in a room. That provides an opportunity for cheating. A Florida judge learned that one defendant in an arbitration was texting proposed answers to another defendant while he was being deposed in a remote deposition. The judge vacated the arbitration award in favor of the defendants and may grant a summary judgment against the cheating defendant. The defendant’s attorney who was sitting in the room with the witness who was being coached by text may also be in trouble. See the court’s Order below:

Order-2

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