EPAM Systems Seeks Remote Testimony for Lead AI Engineer in Sanctions Hearing Against Gowtham Rao
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EPAM Systems filed a motion to permit Dmitrii Ilin, its lead AI data engineer, to testify via live video from the Czech Republic in a high-stakes evidentiary hearing.
EPAM Systems, Inc. is pushing for its lead AI engineer to testify remotely from the Czech Republic in an upcoming evidentiary hearing regarding sanctions for the spoliation of evidence. The request, filed in the U.S. District Court for the Eastern District of Pennsylvania, concerns the testimony of Dmitrii Ilin, whom the company describes as the primary architect of its Synapse software solution. The motion was first reported by CourtListener, which published the memorandum of law filed by defendant Gowtham Rao on August 21, 2026. Rao, a doctor and PhD proceeding pro se, is opposing the motion. He argues that Ilin should be required to appear in person at the September 16, 2026, hearing in Philadelphia. The case centers on EPAM's effort to secure a default judgment against Rao and the dismissal of his counterclaims. EPAM claims Ilin's testimony is critical to proving Rao had a motive to destroy evidence. ## The Logistics of the Request EPAM moved under Federal Rule of Civil Procedure 43(a) on August 17, 2026. The company wants Ilin to testify via live video rather than traveling from his base in the Czech Republic. According to the court documents, EPAM is already flying in two other witnesses for the hearing, one from California and one from Maine. Rao points out that the court set the hearing date on June 18, 2026. He notes that EPAM waited 60 days after the date was set to file for remote testimony. In a July 29 declaration, Ilin stated he would require advance notice for travel but didn't say he was unable to attend. EPAM's memorandum mentions that Ilin is a Russian citizen. While he holds a long-term residence permit in the Czech Republic, the company claims a travel visa is not an absolute certainty. ## Disputed Roles and Testimony The filing reveals a shift in how EPAM describes Ilin's role. In July, Ilin's own declaration identified him as a Lead Software Engineer for an EPAM subsidiary, Odysseus Data Services s.r.o. By August 17, EPAM's legal team described him as the "lead AI Data Engineer / Architect on the Synapse software solution" who personally developed much of the code. Rao argues that because Ilin's testimony is "critical" and his account is disputed under oath, the court should require his physical presence. The defendant specifically wants the court to assess Ilin's testimony in a courtroom setting, citing the high stakes of a potential default judgment. ## The Legal Standard Rule 43(a) generally requires that witness testimony be taken in open court. A court can permit remote transmission only for "good cause in compelling circumstances" and with "appropriate safeguards."
Rao argues that EPAM hasn't met this burden. He notes that the company hasn't asserted any health issues, injuries, or incapacity that would prevent Ilin from traveling. Instead, the company's arguments for remote testimony rely on travel time, jet lag, and visa logistics. EPAM previously asked for remote testimony for its expert witness, Dr. Joe Greenfield, but withdrew that request after Rao objected. The company now intends to produce Greenfield in person while maintaining the request for Ilin. The evidentiary hearing is scheduled for September 16, 2026, at 2:00 PM in Courtroom 10-A of the United States Courthouse in Philadelphia. The court has yet to rule on whether Ilin will be allowed to stay behind his screen in the Czech Republic or if he'll have to board a plane.