Powerhouse Points

  • Trials in Illinois court are proceeding virtually during COVID, and perhaps beyond.
  • Effective trial advocacy in remote proceedings requires adjustments and new tactics.
  • Freeborn Partners share tips for success in virtual trials.

While courts have reopened to varying degrees around the country, already crowded court dockets are becoming even more backlogged as judges, counsel, and parties wrestle with how to move cases forward within the parameters of court imposed restrictions limiting in-person proceedings. Just a few short weeks after the Cook Country courts reopened, Freeborn partners Jim Boland and Kathy Ehrhart, along with former partner Ed Diffin, represented two defendants in the first remote proceeding bench trial in the Cook County law division. The trial, which was presided over by Judge James Snyder, had begun with one week of live proceedings back in February, but had been continued with a plan for the trial to finish in May. After COVID-19 shut down most live courtroom proceedings, and with the uncertainty of when an in-person proceeding would be able to occur again, the parties agreed to complete the trial using a remote platform.

The remote platform was much like a Zoom call, with the attorneys connecting from their office, the witness from wherever they were located, and the judge from his home. Exhibits were displayed during the trial to all participants through screen sharing, although Boland and Ehrhart opted to also send hard copies of the exhibits to all witnesses, given the importance of a witness having a complete document at his or her disposal. There was also a link for members of the public to watch the proceedings, because the court is an open forum.

Agreeing to a remote proceeding required consideration of a lot of important issues: what was the court's jurisdiction over witnesses? How would swearing of a witness remotely work? How would exhibits be displayed and entered into evidence? There were also additional considerations to think about in terms of presentation of the case. For example, how can a difficult witness be controlled through a computer screen? How do you effectively cross-examine a witness over key aspects of a detailed document? And how do you weave a coherent story that tells the defense of your case over a remote platform?

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.