Skyped EBT

Modern technology has revolutionized many aspects of legal practice, including how depositions are conducted in New York no-fault insurance cases. When plaintiffs face genuine hardships that prevent them from traveling to New York for their Examination Before Trial (EBT), courts have shown flexibility in accommodating these situations through remote video conferencing.

The use of platforms like Skype for depositions represents a practical solution that balances the needs of all parties while ensuring the litigation process can move forward efficiently. This approach is particularly valuable in no-fault cases, where examinations under oath and other procedural requirements are essential components of the claims process.

Jason Tenenbaum’s Analysis:

Yu Hui Chen v Chen Li Zhi, 2013 NY Slip Op 05815 (2d Dept. 2013)

“On a prior appeal, this Court permitted the plaintiff’s deposition to be conducted by remote electronic means (see Yu Hui Chen v Chen Li Zhi, 81 AD3d 818). By directing that the plaintiff’s deposition be conducted in this manner, this Court was able to reasonably accommodate the plaintiff’s predicament of not being able to travel to New York for the deposition. In light of our determination on that prior appeal, the Supreme Court providently exercised its discretion in granting that branch of the plaintiff’s cross motion which was, in effect, for a protective order pursuant to CPLR 3103(a) to the extent of directing that his deposition be conducted by the use of “Skype” or other comparable video-conferencing format.”

Skype has many uses for sure, one of which is to conduct EBTs of those who are in another state or in another part of this state.

Key Takeaway

Courts recognize that legitimate travel difficulties should not prevent depositions from proceeding. Remote video conferencing offers a reasonable accommodation that allows the discovery process to continue while respecting plaintiffs’ circumstances. This flexibility in procedural matters demonstrates the courts’ practical approach to modern litigation challenges.

Legal Update (February 2026): Since this 2013 post, New York courts have developed more comprehensive guidelines for remote depositions, particularly following expanded use during the COVID-19 pandemic. CPLR provisions and court rules governing electronic depositions may have been updated with specific procedural requirements, technology standards, and notice provisions that differ from the flexible approach described in the original Chen decision.