Given social distancing requirements and other pandemic related issues, jury trials have been largely discontinued. While most bench trials were also delayed, some courts have started holding remote, aka “virtual,” bench trials. Although not all that different from an in-person trial, virtual trials do have several defining features. Since the start of the current pandemic, Ocean Tomo professionals have testified in several virtual trials, with more scheduled within the next month. Added to that, we have participated in numerous remote depositions over the years.
I recently authored a white paper on this topic, Virtual Trials and Remote Witnesses; Lessons from Recent Patent Trials, focused on our learning in four areas related to the new world of virtual trials:
- Document management
- Witness Location
- Conversation Focus
- Technology Issues
You can access a copy of the paper here.
Virtual trials, while relatively new, may be with us for some time. The above suggestions can give counsel a head start on some of the issues they may face in dealing with witnesses with this new form of trial. On balance, we believe the improved “face-to-face” eye contact and enhanced dialog with the bench as an overriding benefit to video-based bench trials, resulting in a preference for this type of testimony.
To explore this topic and how it could influence your case, please contact me at +1 312 327 4420 or firstname.lastname@example.org.