The Zooming of Federal Civil Litigation | Judicature

Two great forces are upon us. One is COVID-19, a highly infectious disease that has disrupted society around the globe.1 The other is the constant push of technological advancement, which can alleviate some of the disease’s disruption through remote communication. Pandemic, meet technology, and welcome to the federal courts.

The pandemic threw American legal practice into disarray almost overnight. Courtrooms and law offices were closed, hearings canceled or adjourned, and case schedules suspended.2 Subsequent months of social distancing and continued closures — and reopenings and reclosures — have turned the nature of civil litigation upside-down. As one litigator recently said, “Never in our careers have we ever encountered something quite like this — a pandemic that has . . . completely changed business as usual.”3 The demands of litigation, however, have not abated.4 Instead, pandemic conditions have spurred lawyers and judges to adapt quickly, especially by using videoconference technology.

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