The Chartwell Chronicles: Virtual Hearings
A Judicial Perspective on Using Technology at Oral Argument | Judge John Owens | Texas Appellate Law Podcast
Litigating in the Virtual World: Passing Fad or Wave of the Future?
While Courts Are Backlogged, Arbitration May Be an Ideal Alternative
VIRTUAL ADR UPDATE – TECHNOLOGY, CYBERSECURITY AND UNIQUE ISSUES PRESENTED BY HON. JOHN P. DIBLASI
Government in the Virtual World: A Look at Public Meetings and Hearings
I recently visited one of the Meow Wolf locations, and my feelings about the immersive art installation tracked with the typical reactions: As vivid as the pictures are, they still don’t do it justice, and you have to be...more
Spoiler alert: In case you haven’t seen the movie yet, Old Yeller dies in the end. And the whole world cried. And they still do, as the film continues to captivate new generations of audiences since its original release in...more
Like the continuing need to have a ‘pocket mask’ in many places, the online judicial meeting or hearing has become an accepted fact of almost-post-pandemic life. But, chances are, the remote hearing will last longer (knock on...more
So the expert has arrived in town for trial. Their testimony could come today…or maybe by Thursday, and it isn’t unthinkable that it could get pushed into next week. Meanwhile, the waiting, and the billing, continues. This is...more
As the 2021 pandemic year winds to a close, while the 2022 pandemic year waits in the wings, it may be a good time to take stock of changes in legal procedure brought by the pandemic. Given the persistence of needed social...more
When the COVID-19 pandemic struck in early 2020, the legal profession responded with a one-two punch. The first response was to fashion emergency procedures that enabled courts to function during the pandemic and, if...more
Across the globe, courts have rapidly adapted their practices and procedures in response to the COVID-19 pandemic. As waves of infections have spread throughout Canada, its courts have fluctuated between resuming activities...more
The jurors assemble and begin watching the trial — not the actual jurors but the shadow jurors, the ones who are recruited by one side, matched to the real jurors, and offer feedback on the trial as it comes in. They watch...more
In the wake of the COVID-19 pandemic, litigators were forced to pivot their practice and adapt to virtual technology to continue pursuit of their matters. Analyzing the benefits and drawbacks to this new virtual world, today,...more
There are two theories fighting it out over what will happen once the pandemic fades. The first, — I’ll call it the “blip theory” — posits that we will simply go back to normal pre-pandemic times, with the lockdown’s...more
Legendary jurist Oliver Wendell Holmes wrote that “hard cases make bad law,” by which he meant that a legal rule fashioned for an extraordinary circumstance can be inappropriate for the resolution of everyday disputes....more
Virtual civil jury trials will be scheduled statewide in New Jersey starting April 5, 2021, with consent to proceed remotely not required as part of the state’s two-phase approach to virtual jury trials for all dockets and...more
At the beginning of 2020, arguing hearings and trying cases in a completely remote environment seemed like science fiction. Now, just a year later, courts and litigants have adapted to our new virtual litigation environment....more
At the NCBA’s annual Antitrust and Complex Business Disputes Section CLE last week, there was a panel segment of the North Carolina Business Court Judges. Fox Rothschild was there, and here is our recap of what we heard and...more
The first two remote asbestos jury trials showcase the unique challenges of trying cases remotely. Many Americans have become accustomed to working from home and the technology that comes with it. Most courts though are still...more
On December 14, 2020, Chief Justice Cheri Beasley of the North Carolina Supreme Court issued an order postponing all nonessential, in-person court proceedings for (at least) 30 days, including jury trials. The order also...more
Litigation by Zoom is not novel at this point. Depositions by Zoom, motions hearings by Zoom, bench trials by Zoom—it’s all become commonplace. While federal civil jury trials by Zoom have been rare, there have been many in...more
These past several months have certainly been a challenge, to say the least. Lock downs, face masks, heroic doctors, hospital workers, and first responders, sickness, death, shuttered businesses, and furloughed workers all...more
The Illinois Supreme recently entered an Order allowing for immediate remote jury selection in an attempt to alleviate the COVID-19 pandemic’s enormous impact on the court system. See In re: Illinois Courts Response to...more
In a time of social isolation can litigation still be used to bring parties together to resolve problems? Are there advantages to the technology being relied upon by the courts and mediators and are clients and litigators...more
Since the beginning of the COVID-19 crisis, the question of when jury trials can again be safely accomplished has been a nationwide focus. As the pandemic resulted in further postponement of jury service, the concept of...more
Remote court proceedings will continue in Cook County due to the COVID-19 pandemic. In July, Judge James Flannery of the Law Division of the Cook County Circuit Court signed General Administrative Order 20-6, providing...more
As courts are beginning to open, litigants and their counsel are forced to navigate the “new normal” of courtroom proceedings. Videoconferencing tools are allowing cases to progress with virtual depositions, oral arguments...more