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Marital & Family law Section Chair : ShirinRustomji – ShirinRustomji , P . A .
For the first time in a long while , the mask mandate was lifted for Florida state courthouses . Masks and social distancing are now optional — we are finally inching toward normalcy . With Florida vaccination rates exceeding 70 %, in-person hearings are starting to return .
As the Supreme Court order does not require family law hearings to be in-person , some judges ’ procedures specify evidentiary hearings and trials will be held in-person . This hybrid model looks to be the standard for 2022 . For non-evidentiary hearings and case management conferences , Zoom and other electronic means to communicate are a godsend to our clients ’ bottom line and counsels ’ travel time . As we move to our new future , the court ’ s adoption of this model has shown increased productivity and a decrease in negative impacts on the environment .
The greatest impact in our trial practice is the ease of utilization of experts . Prior to COVID-19 , the cost of hiring experts seemed unattainable for most clients as they were financially responsible for expert fees and travel costs . Moreover , attorneys could not schedule hearings promptly as
expert availability was limited due to in-person hearings . These costs prevented attorneys from retaining experts and arranging for their appearance which , in turn , limited vital information for the courts and access to justice . If courts continue to allow experts to testify via video conference , even while parties are in-person , we can be more efficient . We can put forth useful evidence for the court to make an informed decision while at the same time limiting the costs for parties . Hope fully , this hybrid practice is continued by courts even after most hearings are required to be in-person .
During the pandemic , we have learned to reduce our carbon footprint . By providing video conferences and preventing the need to drive and park at courthouses , the legal field is increasing sustainable measures . Some available technology has cut down on the amount of time needed to prepare for trials . Electronic exhibit stamps and binders serve our clients better and make evidence presentations smoother . Although physical evidence binders are still required
asthesupremeCourt orderdoesnotrequire familylawhearingsto bein-person , some judges ’ procedures specifyevidentiary hearingsandtrials willbeheld in-person . thishybrid modellookstobethe standardfor2022 .
by most judges , electronic trial binders between counsel are the new norm now that we have adapted to uploading and sharing secured information online . The thousands of trees that have been saved by presenting evidence in this manner is just a small step towards a more sustainable future .
As the COVID numbers continue declining , restrictions continue to ease . Hopefully , smiles and other facial expressions will start to become the norm once again . We are watching judicial procedures closely to see what is coming next . Let ’ s take what we ’ ve learned from the past two years and appreciate the steps forward , while we aim for a more sustainable future and true justice for our clients . n
Author : Cynthia Hernandez - Hernandez Family Law & Mediation
JoIn tHe mARItAL & FAmILy LAw SeCtIon At HILLSBAR . Com .
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