COMing OuT OF COViD : ChieF JuDge FiCArrOTTA prOViDeS preView OF The nexT Six MOnThS
Trial & litigation Section / Mediation & Arbitration Section ( Joint Article ) Chairs : Chad Moore , Morgan & Morgan , PA & Harold Oehler – Oehler Mediation
As we wind down this tumultuous bar year , judges , litigators and mediators , are asking the same question they asked a year ago : “ What will the next year look like for civil trials ?” Chief Judge Ron Ficarrotta spoke with Chad Moore , chair of the Trial & Litigation Section , and Harold Oehler , chair of the Mediation & Arbitration Section , and provided a preview of what lies ahead .
Judge Ficarrotta began with good news that COVID-19 statistics , including vaccinations , are moving in the right direction . While the pandemic is in a constant state of flux , if the infection rate continues to improve , civil trials may commence as early as April or May of 2021 . The plan for resuming civil jury trials is to start with two- to three-day trials . By mid-summer , the hope is that improved COVID-19 statistics , and a greater number of vaccinations , will allow for longer , more complex civil jury trials .
When civil trials resume , smaller jury panels will be assembled at first . Juries will be picked five days a week and divisions will conduct jury selection on different days . The large , ceremonial courtroom will be used which can accommodate 30 socially-distanced jurors at a time . The Circuit is building a large , temporary courtroom on the
5th floor , which will seat 50-60 jurors . It is even possible that juries could be picked virtually with agreement of the parties . There does not seem to be support among trial lawyers , however , for jury trials to be conducted entirely by Zoom .
Once selected , jurors will be spread out in the courtroom to allow for social distancing , and COVID-19 protocols will be observed to protect the safety of everyone involved . These protocols have been fine-tuned during criminal jury trials . Judge Ficarrotta estimated that the Thirteenth Circuit has tried over 60 criminal jury trials during the pandemic , including four to five first-degree murder trials . The Thirteenth Circuit has likely tried more criminal cases than any other circuit in the state .
Even after live , civil jury trials commence , Judge Ficarrotta predicted that Zoom technology will continue to be used for depositions , mediations , and during trial to present experts and other witnesses who are not comfortable with appearing in person . Virtual hearings will also continue , as judges have embraced the convenience and efficiency of Zoom .
As for alternative dispute resolution , Judge Ficarrotta is excited about the opportunities
As for alternative dispute resolution , Judge Ficarrotta is excited about the opportunities created by Zoom technology .
created by Zoom technology . Virtual mediations allow lawyers , mediators , and decision-makers to participate from remote locations without the cost of travel . Virtual mediations also allow parties to negotiate longer without being interrupted by flight schedules . Both lawyers and mediators have told him that virtual mediations produce comparable results to live mediations and are far less costly . In order to combat the historic backlog of civil cases caused by the pandemic , judges , and the parties themselves , are sending more cases to non-binding , virtual arbitration . Parties are also increasingly choosing binding arbitration as a way to resolve cases more quickly and less expensively .
We thank Chief Judge Ron Ficarrotta for sharing this update . We also thank Judge Greg Holder for contributing to this article . Finally , we thank all of the judges , courthouse personnel , and attorneys who have worked extremely hard to preserve the administration of justice during these most challenging times .
Authors : Chad Moore – Morgan & Morgan & Harold Oehler – Oehler Mediation
5 6 M A Y - J U N E 2 0 2 1 | H C B A L A W Y E R