PART 12: MAYBE SOMEONE IS LISTENING FROM A DISTANCE; SUMMARY BENCH TRIALS ARE ON!

The Socially Distant Lawyer refrains from taking all the credit for enlightened ideas involving litigation in these difficult times. However, in Part 3 of our series it was recommended that New Jersey Courts adopt summary bench trials to help alleviate the growing backlog of cases. In a development that bears a striking resemblance to our prior installment, the County of Queens in New York will now be instituting a pilot program entitled “Summary Bench Trial” to be completed fully online. See the exciting announcement here. The Court will use a relaxed and streamlined trial procedure with the goal of completing a case in one day.

So maybe I got the state wrong, but you get the point! We need to give credit to the Court in Queens for attempting a new litigation format and being creative. I am sure there will be bumps along the way but there can be lessons learned, too. Will these types of summary trial be successful and preferred by counsel and clients? Can the prospect of a real trial date create conditions for settlement? Will the lack of appeal rights empower judges to make decisions without fear of reversals?

There are a lot of interesting features for these summary trials that the Queens Supreme (trial level) Court will use. First, there will be pre-trial submission and no motions. In fact, all motions must be withdrawn. The Court will enforce time limits for openings, direct and cross-examination. By the SDL’s reading of the proposed rules, the Court will prefer the use of High/Low Agreement with the “High” not exceeding the extent of insurance coverage.

Give these developments there is still no need to thank the SDL. Justice, not praise, is all I seek. Even from a distance.