Oral Argument On FL Remote Proceedings Rules

Today, the Supreme Court of Florida heard from various commenters, interest groups and bar sections on the changes proposed to multiple procedural rules to include attendance by remote technology, including mediation. The Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 filed a comprehensive petition to amend the Florida Rules of Civil Procedure, the Florida Rules of General Practice and Judicial Administration, the Florida Rules of Criminal Procedure, the Florida Probate Rules, the Florida Rules of Traffic Court, the Florida Small Claims Rules, and the Florida Rules of Appellate Procedure. The proposed amendments would provide permanent, broader authorization for the remote conduct of court proceedings. The justices seemed largely receptive to the package and had few questions for those appearing at oral argument, indicating the new rules package will most likely be accepted as proposed. See more in docket here-- https://bit.ly/3st7kYa and oral argument here-- https://wfsu.org/gavel2gavel/

ADR Section Supports ODR

The Florida Supreme Court last month extended the public comment deadline on a rules petition designed to promote greater use of remote technology or online dispute resolution (ODR) in court proceedings, including mediation. Specifically, the COVID-19 Workgroup’s proposed rules changes begin with Florida Rule of General Practice and Judicial Administration 2.530, Communications Technology. The Alternative Dispute Resolution (ADR) Section's Executive Council has now filed a comment on behalf of its members in support of the continued use of remote technology. This was done after surveying members about personal experiences with remote proceedings over the past eighteen months of the coronavirus pandemic and their opinions regarding the proposed rules changes. The Florida Bar ADR Section favors enhancing the dispute resolution process through modernization while also increasing efficiency and lowering costs for the participants. It appears the Proposed Rules will assist to meet that goal, and as such the ADR Section supports the Workgroup proposed changes to Rules 1.700, 1.720, 1.730, 1.750, 9.700, 9.720, and 9.740 with the changes suggested through an official comment filed. The use of communication technology and remote participation at mediation and arbitration provides ready access to these proceedings by adding an additional means to attend and often lowers barriers to participation. Scheduling is easier when travel time is eliminated. The cost of attending is less when there are no lodging and parking costs either. Any early concerns as to communication technology and security have been addressed to the satisfaction of most practitioners and participants. The ADR Section also anticipates that these systems will continue to evolve and improve over time. See more here-- https://bit.ly/2V1hGll

Comments on Remote Rule Changes Due 9/30

The Supreme Court of Florida is extending a public comment period for a rules petition submitted by its COVID-19 Workgroup that is designed to promote greater use of tech due to courts, counsel and parties having experienced great efficiency during the pandemic. Changes to Florida Rule of General Practice and Judicial Administration 2.530, Communications Technology, also impact six other rule sets — Civil Procedure, Criminal Procedure, Probate Rules, Traffic Court, Small Claims, and Appellate Procedure. The amendments focus on ways to permit virtual proceedings under many circumstances, including mediation. The so-called Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 found Court and Bar leaders embraced remote technology to navigate the COVID-19 pandemic. After months of deliberation, the members determined that permanent, broader authorization for the remote conduct of court proceedings after the pandemic was warranted based on the positive outcomes and efficiencies being observed during the pandemic. The Workgroup noted significant cost and time savings for litigants, lawyers and other stakeholders, while recognizing that remote proceedings are not appropriate in all circumstances. The proposed amendments to Rule 2.530 still require a court official to consider any objections to the use of remote technology and to ultimately approve all use of communication technology. Chief Judge Munyon of Orlando who chairs the effort said remote mediations are here to stay, along with remote hearings and depositions. “Whether a particular hearing is so complex that it needs to be in person, or the evidence is such that it needs to be in person, will be treated on a case-by-case basis,” she said as reported by The Florida Bar News. This morning, the Executive Council of ADR Section of The Florida Bar contemplated filing a comment in support of the continued use of remote mediation attendance which has proved quite effective in the past eighteen months. See more here-- https://bit.ly/2V1hGll and https://bit.ly/3yL2syZ