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PAINFUL DELIBERATIONS - A new wave of positive coronavirus cases across the country has thwarted plans to restart in-person jury trials in many jurisdictions, once again raising the prospect of the much-maligned remote jury trial becoming a necessity to keep dockets from clogging up. Meanwhile, for those locales that are still pushing ahead with in-person proceedings, a whole new set of challenges has been heaped upon what was already a logistical nightmare. In this week’s Law.com Litigation Trendspotter column, we look at the high-stakes game of “Would You Rather?” that litigators, judges and court administrators are being forced to play as they try to make an impossible decision between pressing on with socially-distanced in-person trials or moving to entirely virtual proceedings.

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