Committee Resources
Remote Proceeding Advocacy
This paper provides tips for advocates contemplating using technology in various pre-trial and trial contexts to make it most effective and persuasive. Updated in 2022.
Statement on Virtual Proceedings in the Civil Justice System
Discussion of the role, if any, that remote video technology might play in the administration of justice in civil justice (non-criminal) proceedings in the United States and Canada, including civil jury and non-jury trials, civil pretrial proceedings, small claims court proceedings and oral arguments on appeal of civil matters.
Overarching Principles Applicable to Civil Trials
This paper sets out eight basic concepts that the College regards as fundamental to the handling of civil trial matters in the United States and Canada, including when and how technology should be utilized in pre-trial, trial and appellate matters.
Conducting Remote Hearings by Use of Remote Video
The pandemic impacted the ability of clients, lawyers, and judges to come together to resolve pretrial disputes. This explores how to plan and conduct virtual pretrial proceedings in a manner that increases the likelihood of an effective, efficient, and just virtual proceeding.
Conducting Nonjury Trials by Use of Remote Video
A guide for judges and lawyers outlining the factors to consider when whether determining whether to use remote video technology to conduct virtual nonjury trials.
Conducting Remote Video Depositions and Examinations for Discovery
These Guidelines endeavor to focus the attention of the Bench and Bar on issues that must be considered when conducting depositions and examinations by remote video.
Conducting Appellate Arguments by Use of Remote Video
A summary of issues that should be addressed by counsel and the court in preparation for conducting a remote video appellate argument.
Issues to be Considered When Preparing for and Conducting a Civil Jury Trial During the Pandemic
This paper provides detailed guidance for lawyers and judges considering whether civil jury trials are appropriate during the pandemic and if so, how to safely conduct such a trial while optimizing the quality of the presentation.
Ongoing Constitutional Challenges to the Criminal Justice System as a Result of the Pandemic
A discussion of constitutional rights and statutory frameworks implicated by the criminal justice system's slowdown and use of virtual proceedings during the COVID-19 pandemic.