Remote Expert Tossed in NJ Case Over Cross-Examination Concerns

Oct. 3, 2024, 5:54 PM UTC

New Jersey judges can refuse expert witnesses who can’t travel to the Garden State, despite broadening use of video technology and rules granting leeway for witnesses from afar, a state appeals court ruled Thursday.

A judge’s decision to deny a bullet and spacial-mapping remote expert was fine, the Superior Court Appellate Division ruled. They sided with prosecutors who argued they couldn’t properly cross-examine remote witnesses because providing credibility-questioning exhibits to them advance of testimony would show the lawyers’ cards to the defense, unlike in-person proceedings where experts must often provide immediate reaction to damaging records.

The decision highlights how ...

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