So here in CA there is a lot of talk about certain jurisdictions doing virtual jury trials. As a firm we won’t agree to it and if push comes to shove we’ll take it up on. Writ. What is everyone else’s opinion?

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In the criminal context, the confrontation clause requires face to face confrontation, and I doubt many defendants will waive that right and agree to a remote jury trial.

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I am against virtual, and would be willing to come up with a creative way to hold in person jury trials with jurors willing to participate. I’ve found the virtual evidentiary hearings I’ve participated in to be very ineffective.

Also, the mere fact that we can’t have jury trials right now means that cases that would have otherwise resolved by now (i.e., will never go, and we’re never going to go, all the way to trial) continue to linger onto the courts docket b/c everything keeps getting continued/punted. IMO it’s unnecessarily increasing the cost of litigation for many of my clients.

I completed a lengthy IP litigation trial that had started in person before Covid. We did a week or so every month scheduling wise. Bench trial. Document heavy but we all had everything electronically already. A virtual bench trial worked way better than I thought. And the judge commented that he could see witnesses and their expressions more clearly. I think a virtual jury trial is an entirely different ball game. We kept cameras off for anyone not examining a witness so I don’t know how we could see jurors expressions.

OP - by chance is your firm doing plaintiff/defense ? Would be interested in how that may impact the decision. We are defending a sizable coverage dispute and have engaged a couple consultants about the ups downs of a virtual jury trial - and so far everything has been a wash.

Defense

I should also note that certain jurisdictions are already conducting in person criminal jury trials.

I dunno about the rest of my firm, but if it would convince the parties to just go for a bench trial, I’d prefer it. So many of the cases I work on (civil defense, often two companies or a class action against a company) should be bench trials, not jury trials.

I do plaintiffs’ side and our firm won’t agree to virtual jury trials.

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