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"Live testimony not needed to resolve jurisdictional challenges"

South Carolina Lawyers Weekly

March 22, 2016

South Carolina Lawyers Weekly called on Nexsen Pruet's Billy Wilkins for insight following a ruling from the 4th Circuit Court of Appeals.

Jeff Jeffery wrote the March 16th article entitled "Live testimony not needed to resolve jurisdictional challenges."  Jeffery noted that appellate decision in Grayson v. Anderson "clears up a key question of law that has likely resulted in costly delays as lawyers track down witnesses to testify on jurisdictional questions in lawsuits."

An excerpt:

William Wilkins of Nexsen Pruet in Greenville said he and many other attorneys have long thought that written evidence is sufficient for making a determination on whether a court has personal jurisdiction. But not wanting to take their chances, many attorneys go through the effort of bringing witnesses in for live testimony “just to be on the safe side,” he said.

“Making it clear that written testimony is sufficient will allow courts to handle cases more expeditiously and save clients a lot of money,” said Wilkins, who is a former chief judge of the 4th Circuit. “It’s a very good ruling and clears up an important question.”

More from SCLW (subscription required).

William W. “Billy” Wilkins is former Chief Judge of the United States Court of Appeals for the Fourth Circuit and former Chair of the United States Sentencing Commission.  He leads the firm's Appellate Advocacy practice.