Let’s start on the bright side concerning the status of the New Jersey civil litigation backlog. The initial attempts at virtual trials have gone fairly well. In fact, the concept of using a “Zoom” trial for less complex cases, usually with a high/low agreement, may be quite useful to explore on a permanent basis. A virtual trial on a limited issue, such as damages after rear-end auto accident, could become the norm and a useful tool within the court system. The use of a high/low agreement by the parties could alleviate concerns of juror inattention and other nefarious factors since these trials may only last a few hours. Sincerely, in this light, the virtual trial process seems to show a lot of promise.

Now, for the not-so-bright side. It has been reported that the backlog of civil litigation in New Jersey now exceeds 78,000 cases plus all cases that are not considered “old”. It is very difficult to tell, but these cases could amount to about 100,000 cases or so. Again, it is very hard to calculate but some judges in busy venues could have caseloads exceeding 500 matters. I would surmise that a case volume in that range would be almost impossible to administer under any circumstances.

The problem with virtual trials is that that there have only been a handful of them. Despite the promise of more virtual trials, the process is still too time-consuming to make a dent in the overwhelming backlog of cases. As of now, there is no clear way out of this litigation morass. The SDL respectfully submits that judicial leadership is needed here to address the problems with big solutions, not small steps.