The new reality created by the COVID-19 pandemic presents a fresh set of challenges for litigants. For appellate litigation, the U.S. Supreme Court has demonstrated that judicial proceedings can continue. Though very traditional, the Supreme Court has successfully adapted its procedures to accommodate present circumstances by allowing oral argument to be heard via teleconference.

But unlike the Supreme Court, district courts have the added elements of juries and witnesses that must be considered on reopening. Given the significant differences between trial and appellate courts, the Supreme Court’s seemingly smooth transition to virtual judicial proceedings should not lull litigants into thinking that the virtual option is a sufficient substitute. In addition to the myriad constitutional and due process issues that would arise from conducting criminal trials remotely, there are several practical concerns that litigants should consider as judicial operations resume, both virtually and in person.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]