Brian Zemil published “FRCP 1 and COVID-19: Litigating Through a Pandemic” in the Summer 2020 issue of Litigation News. The following is an excerpt:
This pandemic has forced attorneys, clients, and many judicial officers out of their offices and into uncharted legal territory. These substantial disruptions and uncertainties have required a re-examination of the American legal system, including whether and when courthouses should remain open, litigants may access court-rooms, trials should proceed, and proceedings occur via remote technology.
COVID-19 has triggered a judicial watershed moment, and we are reevaluating how we do justice. Technology has empowered courts and parties to find new ways to cooperate, while attorneys’ esprit de corps has breathed new life into the Federal Rules of Civil Procedure. When this column is published, many COVID-19–related changes will likely reflect our new normal and reveal our commitment, or lack thereof, to Rule 1 of the Federal Rules of Civil Procedure.