Commercial Division Blog

Posted: November 2, 2022 / Written by: Jeffrey M. Eilender, Samuel L. Butt, Seth D. Allen, Joshua Wurtzel, Channing J. Turner / Categories Commercial, Contracts

Opportunity to Comment on Proposed Change to Commercial Division Rules Regarding Virtual Evidentiary Hearings and Bench Trials

The Office of Court Administration has asked for public comment on the Commercial Division Advisory Council’s proposal to amend Commercial Division Rule 36 to clarify that courts have the authority to order virtual evidentiary hearings and bench trials, even without the consent of the parties, upon a motion showing good cause. The proposed rule amendment lists some of the factors that should be considered when the court is determining whether there is good cause to conduct a virtual proceeding without the consent of the parties.