Philadelphia City Hall building. Photo: Diego M. Radzinschi/ALM

The Philadelphia Bar Association has asked the city's courts to consider opening up more aspects of the civil litigation system to remote operation during the COVID-19 pandemic.

In a statement issued Friday, Bar Association Chancellor A. Michael Snyder acknowledged the technological limitations of the court system and the need to keep physical contact in the courts to a minimum.

"However, we believe that there are significant parts of the civil litigation system that can be effectively handled remotely," Snyder said. "Motions, case management conferences, discovery matters and settlement conferences can, and should be, handled remotely. It is critical that the system not become backlogged so significantly that recovery becomes drawn out. We must each remember that justice delayed is justice denied."

He continued, "We are pleased to learn that the court has just issued orders relative to settlement conferences, allowing them to be conducted by judges pro tem using telephonic or videoconferencing technology. In addition, the court has instituted a new procedure to address case management conferences which had already been scheduled, but not held; in that case, those conferences have been waived and the new procedure is posted on the association's website. Both of these new procedures have been sent to all members of the association by HTML emails.

"Motions for extraordinary relief, discovery matters, and other motions have not yet been affirmatively addressed. It is our understanding that various working groups of the court are addressing these issues, although we have not been given any specific timelines for their implementation," Snyder said.

The First Judicial District did not respond to a request seeking comment.

The bar association's statement comes shortly after the state Supreme Court announced that regional courts could determine how soon and how much of their operations to restore to pre-pandemic status.

If court leaders feel restrictions are needed beyond June 1, they must provide their reasons to the Supreme Court, according to the order.

The order said with the exception of speedy trial matters, the court deadline hold is extended until May 11. Jury trials (both criminal and civil) remain suspended and will be scheduled for a date in the future. The order also stated that evictions and dispossession of property are still prohibited until May 11, given the economic impact the pandemic has had on Pennsylvanians.

The Supreme Court declared the statewide judicial emergency March 16.