Telephonic Hearings in a Pandemic

• Author: Karen L. Stevenson
• Pages: 18-19

Published in Litigation News Volume 45, Number 4, Summer 20 20. © 2020 by the Ameri can Bar Association. Re produced with per mission. All rights re served. This info rmation or any porti on thereof may not be c opied or disseminated in any

form or by any means or sto red in an electronic da tabase or retrieval sy stem without the ex press writt en consent of the Amer ican Bar Associatio n.

Published in Litigation News Volume 45, Number 4, Summer 20 20. © 2020 by the Ameri can Bar Association. Re produced with per mission. All rights re served. This info rmation or any porti on thereof may not be c opied or disseminated in any

form or by any means or sto red in an electronic da tabase or retrieval sy stem without the ex press writt en consent of the Amer ican Bar Associatio n.

or weeks, in much of the cou ntry, lawyers have

been under stay-at-home orders , where they have

juggled ongoing lega l work, family, kids, client

needs, and thei r own health and well-being. It has

not been easy. And despite the u nprecedented disr up-

tions , litigation does not stop. Th at means hearings have also

not ceased enti rely.

Federal courts a round the country have had to quickly

adapt to the disruption c aused by the COVI D-19 pan-

demic. Here in the C entral District of Californ ia, judges,

law clerks, and court s taff are la rgely working remotely.

The federal cour thouse is closed to the general public but

remains open for es sential procee dings, includ ing crimin al

and emergency civi l matters. That said, many, but not all,

civil deadli nes and motion calend ars have been continue d.

There are stil l occasions where civ il hearings mu st be held,

and those are going for ward telephonically. Here are some

tips to master oral ar gument in th is unique sett ing during

and after the pa ndemic.

Logistics, Logistics, Logistics

First priority: b e clear about the logist ics. Due to the

COVID-19 pandem ic, many federal judges, including

myself, have modie d our procedures for civil matters.

These modi ed procedures , along with general orders of t he

district t hat set out special procedures during t he pandemic,

are available on the dist rict’s public website. Read them

carefully. In my cha mbers, a few days before t he hearing,

my courtroom deput y will email a ll counsel of record with a

secure conferen ce call number a nd access code. If your judge

noties you that the c ou rt intends to hold a telephonic hear-

ing and you have not received the di al-in inform ation, con-

tact the judge’s courtro om deputy via the cha mbers email

(also listed on the website) to seek cl arication .

Telephonic Hearings in a Pandemic

By Hon. Karen L . Stevenson, Litigation N ews Associate Editor

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