Since March 2020, nearly every aspect of life in the United States has changed. The courts are no exception. Nearly all processes have had to been radically changed to accommodate safety and social distancing guidelines. But you’re probably wondering how this will affect your case. Whether you were the victim of an accident, involved in a crime, or have a contract dispute currently in litigation, the pandemic will undoubtedly cause delays in one or more phases of the process.
Why are things taking longer in the judicial system?
It’s important to note that the U.S. judicial system is broken into various jurisdictions and regions. Most have tailored their own approaches to dealing with the coronavirus threat. Most courthouses are open on some level, but attorneys and their staff may find various obstacles as they attempt to file complaints, serve subpoenas, and try cases.
How Different Jurisdictions are Dealing With the Pandemic
These are a few of the measures that the Federal Government and states are using to accommodate attorneys and their clients during the crisis.
Video Depositions
The Federal Government and many states, like the state of Colorado, allow video depositions as long as both parties stipulate to this condition. The attorneys, their clients, and court reporters all meet on a video communication platform, like Zoom, to conduct the deposition.
Limited Jury Pools
Unlike the times prior to the pandemic where jury duty meant crowding in a room with 30 or more other prospective jurors, many courthouses have devised juror schedules that allow for more spacing between jurors.
Electronic Documents and Signatures
Courthouses and judicial systems around the country have loosened their requirements for wet ink signatures on documents and the electronic transfer of official documents, helping to avoid face-to-face contact.
Case Delays
No courthouse was constructed with the idea that a pandemic would force it to operate at a reduced capacity, which means that the space inside is much scarcer. That’s caused inevitable delays. Depending on which type of case you have, you can expect the outcome to be delayed. For instance, Colorado prosecutors can now request a six-month delay without impacting the speedy trial requirement. In many instances, the delays are inevitable unless you can show the court a compelling reason why the delay would impact your case.
What can delays mean to my case?
Delays in cases can be problematic, particularly when it comes to witnesses. As time elapses, individuals, become harder to locate. Additionally, the accuracy of their testimony comes into question as more time goes by. Even if your case is expected to take longer to process, you should contact an attorney as soon as possible. Certain types of evidence lose their value after time. For instance, surveillance video that can give visual evidence about an accident may be deleted after a period of time. Or your attorney may want to view the location where the incident occurred only to find that changes have been made.
Remember to Look After Your Personal Safety
The attorneys at Bovo Law recommend that you communicate with your lawyer telephonically or via a visual interface. You should do the same for depositions where allowed. Always wear a mask and eye protection when attending mandatory in-person meetings and request that other parties do the same.