As courts across the country continue to adapt procedures to conform with social distancing guidelines amid the COVID-19 pandemic, the idea of a remote jury trial is rapidly moving beyond the hypothetical. On May 21, 2020, Florida Supreme Court Chief Justice Charles T. Canady announced the creation of a pilot program to test the feasibility of conducting civil jury trials remotely. The group in charge of the Florida pilot program will develop requirements for the participation in remote civil jury trials and will select five judicial circuits to participate in the program. Other states, such as Michigan, Indiana, and Texas, have also taken similar steps toward remote jury trials.

A virtual jury trial will undoubtedly affect every aspect of conventional trials that attorneys and judges have come to know and appreciate. In response, litigators must adjust their preparation and performance to be “TV Ready,” and learn to use technology to enhance the presentation of evidence, combat and overcome new types of distractions, adapt to the technological challenges presented to the courts, witnesses, and jurors, and work to safeguard the validity of a remote jury’s verdict.

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