What To Expect From The Unexpected: Trial Outlook

Since the pandemic first closed many courts, one of the most significant adjustments made by federal courts has involved the use of electronic communications. Under provisions of the CARES Act, the COVID-19 relief law passed in March 2020, federal courts began conducting routine procedural hearings, such as first appearances for criminal defendants, by telephone and video hookups.

As the coronavirus dragged on, a small number of courts have adapted electronic proceedings to meet more challenging situations. Numerous courts by the close of 2020 conducted virtual bench trials, which did not require a jury. And just recently, the Western District of Washington began holding all-virtual jury trials in civil lawsuits. At least four other federal courts have scheduled virtual civil jury trials, with jurors serving from home. These include the Middle District of Florida, District of Minnesota, District of Kansas, and District of Rhode Island. Two of those case settled