Civil Justice Initiative

Throughout the past year, our courts have been engaged in informal pilot projects—they’ve tried out different technologies and processes, all in an effort to continue the administration of justice amid the pandemic. Now, we have the opportunity to learn from this experience and chart a path forward long term.

In May 2021, amendments to the Utah Rules of Civil Procedure went into effect, several of which provide better notice of parties’ rights and obligations at the outset and throughout a lawsuit. The rule amendments are also paired with forms that include notice of rights in plain language and in multiple languages.

The pandemic has affected our civil justice system in many ways, yet perhaps the most important role access to justice entities can play in the near future is to advocate for the retention of remote access systems for court appearances as well as for the delivery of legal and self-help services.

Courts currently face a backlog of civil cases that have been placed on hold since mid-March, as well as a predicted wave of case filings stemming from the pandemic. Courts need a framework to adapt to their new reality—and they already have that framework and tools to make meaningful and mandatory changes.

Courts across the country have made giant strides in the use of technology in the wake of COVID-19. The Conference of Chief Justices and Conference of State Court Administrators are urging state court officials to continue this momentum, and they have recommended six principles related to courts’ use of technology going forward.

For the second year in a row, Ohio is on track to make significant amendments to its Rules of Civil Procedure and to pilot a second civil justice case management reform project. These amendments align with national recommendations for reform and reflect similar reforms made in Idaho, Maine, Missouri, and Texas.

This month, The Pew Charitable Trusts released a new report that looks at trends in debt collection lawsuits in the United States and suggests steps that courts can take to modernize our state civil justice system and ensure access to justice. The economic impacts of the pandemic make these recommendations all the more critical and timely.

IAALS and the NCSC have finalized a three-year project with the release of their new report highlighting the experiences of four states—Idaho, Maine, Missouri, and Texas—as they worked to implement change in their courts. The recommendations can provide critical support to courts facing unprecedented need for change during the COVID-19 pandemic.

Courts across the country continue to exhibit incredible flexibility in the wake of the COVID-19 pandemic. Now that shelter-in-place and stay-at-home orders have been enacted in many parts of the country, judges and lawyers alike are looking for ways to keep court cases and processes moving. 

The ABA has created a task force to identify legal needs arising from the COVID-19 pandemic and to make recommendations to address them. Meanwhile, state and federal courts continue to rapidly respond to the impacts of the virus.