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ARTICLE · 26 JANUARY 2021

Zooming Off To Trial: Tips & Thoughts For An Effective Virtual Trial

For the last ten years, I have had the pleasure of litigating before state and federal courts in Delaware (among other jurisdictions). The judges in Delaware are as advertised: ...

United StatesLitigation, Mediation & Arbitration

For the last ten years, I have had the pleasure of litigating before state and federal courts in Delaware (among other jurisdictions). The judges in Delaware are as advertised: whip smart, extremely hardworking, knowledgeable about the issues before them, and voracious readers of each submission to their court. The consistent excellence of Delaware judges creates an expectation that lawyers appearing before Delaware courts be equally prepared, focused on issues helpful to the trier of fact, and skillful with their arguments. Even for experienced Delaware lawyers, demonstrating the proficiency expected by Delaware courts at in-person trials and hearings already was difficult. That challenge has become even greater now that the COVID-19 pandemic has relegated litigants to the virtual realm — a reality that might outlive the health crisis. Reflecting upon a recent trial before the Court of Chancery, I concluded that virtual proceedings, while possible from the comfort of

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