The Courts, like so many other parts of society, took a hard pause in March and April 2020 when the COVID-19 health crisis was at its peak here in New Jersey. But now, after a few months to pivot and shift our focus to electronic filing and virtual court proceedings, the courts and lawyers have adapted. While there is a need for a gradual return to the courthouse, especially when the Constitutional rights of incarcerated or criminally charged defendants are implicated, some aspects of this new normal will remain. Moving forward, here is what we believe you can expect to see:
- Less Waiting At Court All Day To Be Heard: While trials must return to the courtroom, the majority of matters, including divorce, custody and even criminal matters, are resolved without the need to go to trial. Cases that have settled will be able to submit documents in lieu of an in-person appearance such as the formalized process of a “Divorce on the Papers” where no appearance in court is required if both parties agree.
- Use Of Video Conferencing For Out Of State/All Participants: While not flawless, the Courts have implemented video appearances for many types of civil and even some criminal proceedings. For pending divorce matters, we have appeared via video with the Judge for a Case Management Conference and for Early Settlement Panel. This has some advantages in our mobile and working society, but can also expose the digital divide, permitting one result for those with access to more sophisticated technology, but a different result or greater delay for those without access.
- The Pressure Of The Courthouse Steps Is Not A Thing Of The Past: There is no substitute for requiring parties to a law suit to appear in court. It is a serious matter to utilize our courts to resolve conflict and to hold individuals accountable. It is a significant responsibility to be a part of the administration of justice. It is hard to replicate that feeling virtually and, in this writer’s opinion, we cannot and should not lose our Courthouses.
Whether it is a virtual appearance or a return to the Courthouse steps, The Deni Law Group is here for you. Let our family help yours. Please visit our website at www.denilaw.com or call 908-782-2900 to set up your consultation today.