X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
M Jude Egan M. Jude Egan.

California courts’ reopening guidelines require all court appearances to be remote – via telephone or video call. Before the pandemic courtrooms were impossible places for social distancing of any sort. It was not uncommon to have “standing room only” in the small, cramped courtrooms in the three counties in which I regularly practice—San Luis Obispo, Santa Barbara (north and south) and Ventura. Almost two weeks before our courts announced a shut down in early March, I informed our civil court presiding judge that both I and the three lawyers I employed were not going to make in-person court appearances.

Normally, I dislike remote appearances because I am a more effective advocate when I am present in the courtroom. Watching the cases called before mine, I can sense the judge’s mood based on how he or she speaks to other lawyers and litigants. During my own case, I can spot nonverbal cues when I am advocating, and when my opposing counsel is speaking. When taking testimony or submitting evidence to the court, I can view it in real-time and observe how witnesses respond to questions. Since much of a judge’s responsibility is to determine witness credibility, the judge also needs to view witness reactions to not only the questions asked, but also to what is not asked. I want to see “the whites of witnesses’ eyes” when I am cross-examining them, and I want my client to focus on my eyes during direct examination. Remote court appearances by telephone made this next-to-impossible.

This content has been archived.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]

Library of California Insurance Defense FormsBook

180+ model documents covering preliminary matters through ADR trial, with sample letters, demands, pleadings, motions, certifications, interrogatories, settlement agree...

Get More Information
 

America's Claims Executive Virtual Leadership Forum & Expo 2021Event

ACE Virtual Leadership Forum & Expo is the annual conference for Senior Claims Executives in Insurance organizations.

Get More Information
 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.