Trying Civil Cases Remotely During the Covid-19 Pandemic

Abstract

This article addresses the impact that the Covid-19 pandemic (“Pandemic”) has had on civil trial practice in the United States’ federal and state court systems. It discusses objections that have been raised by litigants to proceeding to trial remotely, including objections on constitutional grounds, how the courts have addressed those objections, and the ethical issues faced by attorneys practicing remotely. This article also offers observations on the benefits and drawbacks of remote civil trial proceedings, and whether they are likely to continue in widespread use once the Pandemic comes to an end.