Remote proceedings research, trends and policies featured in updated guidance

Arranging transportation and childcare, taking time off work, or traveling long distances can make it difficult for people to participate in court proceedings, and for some, it can mean a missed court appearance.

Remote hearings can help address some of these barriers, a preference reflected in the National Center for State Court’s 2023 State of the State Courts survey, which found that 63% of survey respondents would consider appearing remotely to conduct court business.

The updated Remote Proceedings Toolkit helps courts assess their policies and practices governing remote proceedings to ensure they are user-friendly, accessible, and legally sound. Support for this project was provided by The Pew Charitable Trusts.

“As courts continue to expand remote proceedings to reduce in-person barriers and improve services for the public, the option isn’t without its own barriers,” said Grace Spulak, NCSC principal court management consultant. “Without the proper technology and support in place, the benefits of remote proceedings can be diminished.”

First developed in 2022 to help courts navigate the rapidly changing landscape of remote proceedings following the pandemic, the toolkit has been updated to include the latest research, national trends, and stakeholder feedback. It also includes guiding principles, updated policies and rules, technology and legal considerations, and case studies for courts.

The toolkit identifies several practices that can strengthen remote proceedings, including:

• Understanding your court’s technology infrastructure and capacity to prevent delays or due process concerns

• Investing in staff and participant training

• Communicating clearly with participants about how to connect and what to expect

• Providing kiosks and community access points for community members without reliable technology

• Evaluating remote hearings policies regularly with stakeholder input

The toolkit advances NCSC’s Strategic Agenda priority to pursue access to justice for all. Research shows that remote proceedings can increase access to legal help, particularly in rural communities and legal deserts. By identifying and addressing barriers to court participation, courts can strengthen public trust and advance equal access to justice.

For additional information, explore the Remote Proceedings Toolkit and the article “Reducing barriers to remote proceedings” at ncsc.org.