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What are the pros and cons of virtual trials in civil litigation?

On Behalf of | Nov 9, 2024 | Civil Litigation |

Virtual trials have become more common since the pandemic, offering both opportunities and challenges. Civil litigation now often takes place online, which changes the way parties and lawyers approach the legal process. Virtual trials can save time and money but also bring new complications to consider.

Accessibility and convenience

Virtual trials provide more accessibility to people who may struggle to attend court in person. They help save on travel time and related costs for all parties involved. People with disabilities, those living far from the courthouse, or those with demanding schedules can benefit significantly from virtual hearings. Additionally, attorneys can often be more efficient, as they do not need to worry about transportation or scheduling conflicts.

Technology barriers and glitches

While virtual trials offer convenience, they also present technological challenges. Not everyone has access to a stable internet connection or up-to-date technology, which can create issues during trials. Interruptions or delays due to technical problems can make it hard for all participants to follow the trial. Lawyers and witnesses need to be prepared with the right technology to avoid complications. Additionally, some individuals may struggle with the software or have trouble understanding how to use the online platform.

Difficulty in evaluating witnesses

One of the challenges of virtual trials involves assessing witness credibility. Seeing witnesses on a screen can make it hard for judges, attorneys, and jurors to fully evaluate their expressions, gestures, and tone. In-person interactions often provide more nuanced information, which can play an important role in determining the outcome of a case.

Cost savings and efficiency

Virtual trials reduce costs for courts and litigants. By cutting down on travel expenses and eliminating the need for physical courtroom space, parties can save money. The virtual format can also make the entire process faster, as scheduling becomes easier and trials can begin sooner.

The shift to virtual trials highlights both the benefits and challenges of using technology in civil litigation. Maintaining fairness while using an efficient virtual setting remains a key concern for the legal system.

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