COVID19, the Courts, and Your Potential Claim
The COVID19 pandemic has wrought havoc in every aspect of the lives of Americans, and indeed the world. It has significantly impaired the system of civil justice, as one would expect. Our system of civil justice depends in great degree on the participation of our citizens.
Trials and hearings are of course indoor proceedings, and the typical circumstance would have large gatherings of people in close proximity, for extended periods of time. In the current environment, that puts at risk all the support staff for the courts, law enforcement, the judge, the lawyers, their clients, the witnesses, and of course the jury. As a result, the vast majority of in-person proceedings have not taken place for quite a while.
Justice courts and municipal courts have been banned from holding in-person jury proceedings until at least April 1, 2021, and that restriction may be extended by the Supreme Court. Grand juries, the ones that are involved in the criminal system, are allowed to continue their work remotely, or in-person as long as adequate social distancing and other restrictions and precautions are taken to ensure the health and safety of court staff, parties, attorneys, jurors,
In the civil jury system where the Steidley Law Firm does all of its work, jury proceedings are allowed but only under very strict guidelines. The administrative judge along with the other judges in the county are required to put forth a plan, and before the trial begins the local public health authority must verify that that local health conditions and plan precautions are appropriate. Special precautions are required, that essentially require notice of COVID-19 infection or exposure within thirty days prior to the trial.
Even with COVID in the picture, litigants need to be wary of the statute of limitations that may affect their claim. For example, someone injured in an automobile accident must file suit within two years of that accident or the claim will be barred. Some accommodations may be made because of COVID, but prudence dictates that an injured person obtain counsel and proceed expeditiously to the courthouse. If you have a question about your particular situation, The Steidley Law Firm can an will answer those questions without charge.
It is also true that in many cases evidence may get stale if it is not gathered and preserved. The problems with aging physical evidence are obvious, and video recordings or records may not be maintained for long periods of time. Certainly it is true that witnesses’ memories change or fade over time. In some cases “friendly” witnesses become not so friendly for one reason or another. It is always a good idea to have someone competent evaluate a possible claim that you may have, so that the evidence that you may need for the most favorable outcome can be preserved.
Consultations can be scheduled in the virtual world of Zoom. In some cases witness statements, depositions, hearings, and even “live” testimony may be remote. It is likely that once we get this pandemic under control the courthouse will return to its pre-pandemic form in most areas. But the convenience and broad availability of virtual interactions will likely change the civil court experience permanently in some respects.