A PYMNTS Company

The Hearing May be Virtual, But The Rules Are The Same

By  |  August 28, 2020

By: Daniel Francis (FTC)

It is generally a serious violation of our rules for counsel to pass private notes to a witness in an investigational hearing or deposition, or otherwise coach or consult with a witness, while a question is pending. 16 CFR 2.9(b)(1). Happily, violations of this rule are very rare. But, with the recent shift to remote depositions and hearings, we want to remind the bar that neither this rule nor our vigilance in enforcing it have been relaxed. Remote investigational hearings and depositions are generally subject to the same rules as their pre-COVID, in-person equivalents. As a result, note-passing (via paper or electronically)—like other forms of coaching or consultation while a question is pending—is prohibited, except as otherwise permitted by our rules. Specifically, 16 CFR 2.9(b)(1) permits consultation “with respect to issues involving protected status,” but nothing more…

CONTINUE READING…