For everything else, a number of courts have put forth guidance similar to what the Alabama Supreme Court has provided, which encourages courts to utilize remote means including teleconferencing and videoconferencing to the largest extent possible, and even suspends any state or local rule that impedes the utilization of such technologies. In an effort to slow the spread of the virus, many state and federal courts have issued temporary orders suspending trials and other in-person operations except for the highest priority matters. Court Procedures During COVID-19Īs discussed at greater length in an earlier post, courts across the country have been amending their standing orders and procedures on an ongoing basis due to social distancing mandates arising from the coronavirus outbreak. Below is an overview of some of the basic rules and considerations attorneys may need to keep in mind as these methods become incorporated into their day-to-day operations to a greater degree in the months ahead. While telephonic appearances in particular have long been commonplace in a variety of mostly civil proceedings, their widespread use, along with an increase in the proportion of remote criminal proceedings, will be new territory not just for courts but also for many attorneys.Įven lawyers who make regular court appearances as part of their practice may not have had much of a need to appear remotely in the past. With social distancing policies becoming the norm in most communities for the foreseeable future due to the coronavirus pandemic, courts are expected to increasingly embrace remote technologies to facilitate appearances by phone and videoconference. With telephonic and video appearances becoming more necessary in courts nationwide due to the COVID-19 emergency, lawyers will be expanding their use of remote communications for hearings and various other legal proceedings.
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