A New Year's Resolution For Civil Practice: New Rules Amendments Nudge Civil Litigation Into The Digital Age

On January 1, 2021, significant changes to the Rules of Civil Procedure will come into force. The COVID-19 pandemic has materially transformed the day-to-day practice of litigation, and these rule changes are a significant attempt to capture the pragmatism and efficiencies that the pandemic has pushed litigators to adopt to keep their files moving.

The changes can be found in the amending Regulation.

These amendments:

• establish a process to allow a hearing or part of a hearing, a mandatory mediation or an oral examination for discovery to proceed by teleconference or video conference (Rule 1.08);
• authorize an order for any oral examination of a person or witness at trial to proceed by videoconference (Rule 20.05(2)(j.1));