Zooming into Remote Trials: How They Work and What I Think
- Daniel Smith
- Jun 28, 2020
- 3 min read
On March 13th, jury trials were suspended in Florida to prevent the spread of COVID-19. On May 21st, an order was issued that would begin the process of conducting remote trials, allowing civil cases to be tried on a smaller scale. Using a hybrid of remote technologies and in-person, safely distanced efforts, five court circuits in Florida have been selected to participate in this pilot effort.
How it Works:
Jury members will be selected in person, in a room large enough for them to spread out. Once the jury is selected, they will be sent home to watch the testimony remotely. If a jury member does not have a reliable wireless connection, they will be sent to a different area of the courthouse with a court computer. A mix of softwares will most likely be used, but Zoom has been mentioned as a leading contender due to its ability to create breakout rooms, which is useful for side discussions. Closing arguments will be heard in person, and jurors will deliberate in person as well.
Masks will be required whenever anyone enters the courthouse, and whenever interaction needs to take place, jurors will be spread out appropriately. Commonly used areas will be deep cleaned between trials, and fewer trials than normal will be conducted each day. Participation in remote trials is also voluntary, and the plaintiff and defendant must agree to conduct their trial in this way before it can take place.
Florida is currently in Phase 1 of this new order, which is when the most restrictive measures are put in place to prevent the spread of COVID-19. Phase 2 will begin once there have been no COVID cases in the courthouse for 14 days or once deep cleaning procedures have occurred if there were cases present. Phase 2 also cannot begin until any restrictive orders currently in place allow it, there have been 14 days of COVID improvement within the community, adequate testing systems have been put into effect, and all necessary parties have been notified.
From there, Phases 3 and 4 become progressively less restrictive, and Phase 4 will be placed in effect once COVID is no longer a threat.
My Thoughts:
My first thought when reading about this change was actually a quote from Socrates:
“The secret to change is to focus all of your energy not on fighting the old, but on building the new.”
This is a concept that is going to take time to adjust to. As a trial lawyer myself, I have become skilled at reading a room and understanding my audience, which will become much harder in a remote setting. However, change is inevitable, and I have hope that this will be successful.
Florida is also doing this the right way, only trying civil cases involving two parties. Jury selection for cases like this can be completed quickly, and the cases are simple enough that jurors can pick up the needed information without being physically present.
Like many others, I hope this process will free up some of the backlogs we have on trial dockets. Once jury trials return to the courthouse, criminal trials are likely to be conducted first due to one’s right to a speedy trial. This means that civil suits could wait months before they get a physical trial, which makes the remote system a much more attractive option. I’m excited to see how things progress, and I’m sure I’ll have more to say at the end of July, when more updates are shared.
Comments