Recent Trends In Civil Litigation As A Result Of COVID-19

In March 2020, the world came to a near standstill because of the COVID-19 pandemic. Like many other industries, civil courts and litigators had to adapt to the forced shift online because even a global pandemic is no excuse for delaying the administration of justice. The digital world is the new world; however, effective August 2, 2022, Chief Justice Morawetz released a Notice to the Profession advising of new Guidelines applicable to proceedings in the Superior Court of Justice.¹ Ultimately, a hybrid model is being endorsed through the establishment of presumptive modes of both in person and virtual attendances to ensure all participants can fully and equally participate.

However, the parties are not bound by these presumptive modes. As provided by rule 1.08(1) of the Rules of Civil Procedure and with the discretion of the Court, a party can request that any step in the proceeding be held in person, by telephone or by video. In determining which method is most appropriate, the