Reducing barriers to remote proceedings
Remote proceedings have expanded significantly in courts across the United States since the pandemic. NCSC's updated Remote Proceedings Toolkit builds on earlier guidance and provides courts with information to assess and develop policies that reduce barriers for remote hearing participants.
Support for this project was provided by The Pew Charitable Trusts.
Why this toolkit matters now
Research shows that remote proceedings can improve appearance rates and reduce barriers for court users. Court users also perceive that remote appearances reduce barriers, and this perception may strengthen public trust in the court system. This update reflects the latest state and jurisdictional policies, rules, and statutes, as well as current research and real-world case studies on remote proceedings.
What we learned
NCSC reviewed court data and conducted qualitative research to better understand how remote hearings affect courts and court users. The research provides insight into how courts can structure and evaluate remote proceedings in their own jurisdictions.
Our findings:
- Remote proceedings can reduce barriers to appearing in court, easing financial and logistical pressures such as transportation, childcare, and taking time off work or school.
- Court users prefer having the option to appear remotely.
- Remote hearings can support court efficiency.
- Remote hearings can increase access to legal help in legal deserts.
Who should read this?
- Judges & judicial officers: Understand current research on remote proceedings and how to apply it in your court.
- Court administrators & policymakers: Get guidance on developing consistent, legally sound remote proceeding policies.
- Court technology staff: Understand the important technology considerations for supporting remote and hybrid hearings.
- Attorneys & legal advocates: Understand how remote proceedings may affect representation, evidence, and client communication.
63% of survey respondents said they would consider appearing remotely for at least one type of court proceeding.
NCSC's 2023 State of the State Courts
Key takeaways
Courts should focus on technology readiness, clear communication, community access, and ongoing evaluation to get the most out of remote proceedings.
Technology
Understand your court's technology infrastructure and capacity to prevent delays or due process concerns.
Training
Invest in training for staff and participants to maximize remote proceeding benefits.
Community needs
Understand your community's specific needs and barriers, including technology access, distance to the courthouse, and economic or social factors that may affect participation.
Communication
Communicate clearly with participants about how to connect and what to expect.
Access
Provide community access points or kiosks for court users without reliable technology or internet access.
Policies & procedures
Evaluate remote proceeding policies and procedures regularly, with stakeholder input.
Trends in remote proceedings
Policy and rule changes show that most jurisdictions favor discretionary authority for remote proceedings. Presumptive remote hearings are concentrated in civil case types, while hybrid models are on the rise.
Discretionary authority is the dominant model
Most jurisdictions allow judges to determine when remote participation is appropriate rather than mandating it.
Presumptive remote hearings are concentrated in civil case types
Family law, protection orders, housing and eviction, probate and guardianship, and civil commitment cases most often see presumptive remote options.
Hybrid models are emerging
Many courts now combine in-person and remote participation depending on proceeding type, participant needs, and available resources.
Increasing attention to procedural safeguards
Recent rules address party consent, remote testimony, confidential communications, and procedural and technological safeguards.
Due process & safety considerations
Remote hearings present challenges that courts must address to protect due process and court-user safety.
Ensuring effective assistance of counsel & confidential communications
Review and update rules and processes to ensure attorney representation and confidential communication aren't compromised by remote hearings.
Providing language access
Provide clear information about how participants can request interpretation for a remote proceeding.
Accommodating users with disabilities
Make sure your video platform meets WCAG 2.1 AA accessibility standards, including screen reader compatibility and captioning, and that participants know how to request accommodations.
Adopting trauma-informed practices
Provide clear instructions in multiple formats and languages, and offer participants choices in how they appear, since any proceeding can be traumatic for participants.
Offering public access to proceedings
Plan how to manage public access, consider streaming delays for sensitive proceedings, and review whether media rules protecting parties such as juveniles or victims extend to livestreams.
Sharing court-based information & services
Tell remote litigants how to access court services, such as self-help centers virtually or through referrals.
Combating Zoom fatigue
Build in short breaks, such as a pause every 20 minutes, to support participant focus during long remote proceedings.
Preventing disruptions
Designate staff to monitor and remove disruptive participants, and confirm platform settings allow hosts to block re-entry.
Need help applying these practices?
Bring national research and best practices to your court. NCSC can help you build on or create new policies for effective remote and hybrid proceedings.
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