Since the legal world entered lockdown with the rest of
humanity, many questions have abounded with respect to how the
justice system will continue chugging along without boardrooms,
courthouses and reporting offices. The main concern – namely,
the absence of in-person gatherings has been addressed by telephone
and video conferences. Both courts and reporting offices should be
commended for agreeing to (and encouraging) the use of technology
to allow hearings and examinations to continue.
However, the replacement of in-person affairs with technology
has inevitably created another problem. While the technology is
available, many litigants have refused to use it and instead are
insisting that their hearings and examinations should be postponed
until the lockdown ends and physical spaces open up for business
again. In those instances, the question becomes whether a party
should be forced to conduct litigation electronically when the
other side insists on it.
