Adapting Remote Proceedings in the Post-Pandemic Era: Trials

In this series, we have explored the future of remote proceedings in the post-pandemic era and the extent to which existing legal frameworks and party preferences might complicate their incorporation into the litigation process. We observed that when the litigation process leaves it in the hands of the parties to decide whether to conduct a proceeding in person or virtually, there are likely transaction costs in negotiating and resolving that issue that can undercut whatever efficiencies might be gained from increased reliance on remote alternatives.