8 Remote hearing technology instantly became the primary tool for recovery. With that closure, we went from almost 100% in-person proceedings to zero and almost immediately began building back with technological and procedural adaptations. Before the emergency closure of the courts on March 13, 2020, the expanded authority for remote proceedings was being used sparingly. , the court determines that the personal appearance of the participant is necessary in order to avoid substantial prejudice to a party or unfairness of the proceeding, the court shall continue the matter and require a personal appearance.” 7Īs with so many other things, the pandemic changed everything. 6 And judges must constantly assess the fairness of remote proceedings: “If, at any time during a proceeding or conference. A party must always be given notice that the proceeding will be conducted remotely and an opportunity to object. These rules allow a circuit court to require on its own initiative that a particular proceeding or category of proceedings be conducted remotely. 5 Second, although consent is nice, conducting a proceeding remotely is not only an option when all parties agree it is feasible and desirable. First, they endorse the concept of conducting an entire proceeding virtually, not just the idea of plugging one remote participant into a conventional courtroom hearing by an electronic connection. Two broad aspects of these rules are notable. The Rules Committee sought “to take advantage of the technology that allows for reliable interactive communication to provide for more efficient access to the courts, without sacrificing the required fairness in judicial proceedings.” 3 It saw civil proceedings in the circuit courts as a good place to start, but the Committee envisioned later expansion “to the District Court and, to the extent Constitutionally permissible, to criminal and juvenile proceedings.” 4 The Court of Appeals added Title 2, Chapter 800 of the Maryland Rules in April 2018, almost two years before most of us knew what a novel coronavirus is. The expanded authority for remote electronic proceedings in civil cases in the circuits courts was not an emergency response to the current pandemic. I refer mostly to how we have been doing things in civil cases in the Circuit Court for Baltimore City, but all Maryland courts have been adapting and innovating with the available technology. Let’s put the games aside and look at some recent experience with civil proceedings conducted by remote electronic means. Trial lawyers may sometimes see the opposing party’s experts as two-bit celebrities engaged in calculated bluffing, but the parallels break down pretty quickly. The two rival contestants had to assess the credibility of the boxed celebrities’ answers to questions posed to them. 2 A little bit like litigation, the game show turned on credibility. Not since Paul Lynde last presided from the center cubicle of the original Hollywood Squares have so many people stared so intently at screens with people arranged in little boxes.
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