Remote & hybrid proceedings

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Reducing barriers to remote proceedings

Remote proceedings have expanded significantly since the pandemic. Building on earlier guidance, our toolkit gives courts the information they need to assess and develop policies that reduce barriers for remote proceedings participants.

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Conducting better remote dependency proceedings

Our guide helps courts conduct remote dependency proceedings that are safe, equitable, and effective.

Understand principles, tools & strategies

Remote proceedings FAQs

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Policies should contain, at a minimum, the following:
- Definitions
- Technology
- Proceeding types
- Communication
- Flexibility
- Training
- Due process and court-user protections
- Evaluation and feedback
Rather than applying blanket rules by case type, courts can consider several factors when determining whether a proceeding is appropriate for a remote or in-person format:
- Length: Shorter, non-evidentiary hearings, such as scheduling conferences, status hearings, arraignments, and non-evidentiary motions, are often good candidates for a remote format.
- Evidence: Not all evidentiary proceedings may need to take place in person depending on the unique needs of the parties and the nature of the proceedings. Policies may need to consider the type of evidence to be presented.
- Rights at stake: Proceedings involving significant liberty interests, such as criminal trials, sentencing, parental rights termination, or guardianship cases, may be better suited to an in-person format.
- Constitutional concerns: Several constitutional concerns play into whether certain types of proceedings may be conducted remotely and how these proceedings must be conducted, including confrontation, effective assistance of counsel, and due process.
- Flexibility: Even with defaults in place, courts should build in a clear process for parties to request a format change and options for participants who can't appear by video.
- Schedule each proceeding for a specific time, or use smaller blocks when scheduling multiple hearings.
- Use e-check-in technology and virtual waiting rooms.
- Provide basic virtual platform instructions before the hearing.
- Explain court procedures and set expectations.
- Ensure the record is captured for both in-person and remote participants.