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1 Commentary: District Court Cases, Nowlan v. Nowlan, Civil Action No. 5:20cv00102, 2021 U.S. Dist. Lexis 10824 (W.D. Va. Jan 21, 2021) 1 (2021)

handle is hein.congcourts/cmydtct0001 and id is 1 raw text is: Commentary: District Court Cases Nowlan v. Nowlan, Civil Action No. 5:20cv00102, 2021 U.S. Dist. LEXIS 10824 (W.D. Va. Jan. 21, 2021) Videoconference Testimony I Sixth Other District Court Cases Amendment Right to Confront and the Babcock v. Babcock, Hague Convention No. 3:20-cv-00066, 2020 U.S. Dist. LEXIS 224778 (S.D. Iowa Nov. 30, 2020) In this case, the petitioner made a pretrial request Adkins v. Adkins, to appear by videoconference. No. 19-cv-05535-HSG, 2020 U.S. Dist. LEXIS 207559 (N.D. Cal. Nov. 5, 2020) Holdings No. 20-cv 323, 2020 U.S. Dist. LEXIS The district court ruled that the balancing of factors 197996 (CD. III. Oct. 26, 2020) weighed in favor of permitting videoconference testimony. It also ruled that the Sixth Amendment Jacquetyv. Baptista, right to confrontation does not apply in civil cases. 19 Civ. 9642 (VM), 2020 WL 5946562 (S.D.N.Y. Oct. 7, 2020) Facts Da Silva v. Vieira, No. 6:20-cv-1301-Orl-37GJK, 2020 U.S. The father, a member of the Canadian armed forces, Dist. LEXIS 174167 (M.D. Fla. Sep. 23, requested permission from the court to appear via 2020) videoconference at the upcoming trial. As a mem- Trott v. Trott, ber of the Canadian military, he had been assigned No. 20-CV-1392 (AMD) (CLP), 2020 U.S. to an Ontario hospital, with curtailed travel options Dist. LEXIS 151818 (E.D.N.Y. Aug. 21, and opportunities. The mother opposed the request. 2020) She planned to raise a grave risk defense, alleging Leon v. Ruiz, that the father sexually abused the child, and she No. MO:19-CV-00293-RCG, 2020 U.S. argued that the court must assess the credibility of Dist. LEXIS 43758 (W.D. Tex. Mar. 13, the father's testimony. The mother also argued that 2020) she had a due process right to confront and cross- Cunningham v. Cunningham, examine the father in person. 237 F. Supp. 3d 1246 (M.D. Fla. 2017) Discussion Marquez v. Castillo, 72 F. Supp. 3d 1280 (M.D. Fla. 2014) The court overruled the mother's objection to per- mitting the father's testimony by video link, noting his military obligations and the risks of travel dur- ing a global pandemic. The court held that the challenges of cross-examination by video were not insurmountable and pointed to its positive experience with video testimony in other cases.' The court agreed to permit latitude with cross- and recross-examination. Commentary-Nowlan v. Nowlan Page 1

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