The many ways Texas lawyers practice law has undergone swift and dramatic change thanks to widespread shelter-in-place orders we are all soldiering through. Videoconference hearings are starting to feel routine, and even the U.S. Supreme Court is set to hear oral arguments telephonically for the first time in its history.

Some of the essential nuts and bolts of our civil justice system are also having to adapt, and here the logistical details get a little tricky. Processing documents and obtaining deposition testimony are critically important components governed by strict protocol, and technology and the law are racing to keep up with the remote-working requirements created by the COVID-19 pandemic. While technology that enables Remote Online Notarization (“RON”) and Remote Online/video conference Depositions is quickly being adopted on a state-by-state basis, important considerations such as whether a notary must be physically present or whether a witness can be sworn in remotely are in need of clarity. Practitioners are wise to proceed with caution.

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