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Volume XIII, Number 33


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What an In-Person Trial Looks Like in a Socially Distanced New Jersey Court

We recently participated in what the New Jersey Law Journal called the “first complex civil jury trial to be conducted in person since the COVID-19 pandemic.” Although the case settled shortly after opening statements, this experience taught us that New Jersey courts are ready to try complex civil cases safely and responsibly with new COVID protocols that may force trial attorneys to depart from their usual practices. We published an article in the New Jersey Law Journal about this experience that may be of interest to our readers.

The following is an excerpt:

In order to encourage social distancing, the judiciary has established density limitations on courtrooms. Although our trial took place in the largest civil courtroom available in Mercer County, occupancy was limited to the Judge, one or two court staff, a witness, two attorneys per party, and the 10 jurors.

And the courtroom was rearranged to spread these limited attendees more evenly throughout all of the available space. Benches had been removed from the public seating gallery, and jurors were seated throughout that area in well-spaced chairs. The jury box became the witness box. Counsel tables were turned around to face the jury (with our backs to the judge). A separate courtroom was setup nearby with a live feed on two large television screens for additional attorneys, clients, and members of the public.

This setup was ingenious and made everyone feel very safe, but also created problems. Once the jury was seated, for example, no one could enter or leave the courtroom because they would literally have to walk in-between the seated jurors. If, for example, you forgot to bring a document or exhibit, there was no way for a colleague to discreetly enter the courtroom and bring it to you. Viewing angles were also a problem. In most courtrooms, jurors sit together and have a clear and unobstructed view of the witness and exhibits that are displayed electronically. With this socially distanced layout, however, it was inevitable that jurors would have different views, and some of some those view would be better than others. Trial attorneys who are cognizant of courtroom theatre have to re-think their stage directions in order to be effective.

©2023 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XI, Number 339

About this Author

Anthony Argiropoulos, antitrust attorney, Epstein Becker
Member of the Firm

ANTHONY ARGIROPOULOS is a Member of the Firm in the Litigation and Health Care and Life Sciences practices and Co-Chair of the firm's National Litigation Steering Committee. He represents health care clients, publicly held companies, and other large businesses in high-stakes litigation and dispute avoidance and resolution. He has represented clients in federal and state court matters throughout the United States and his deep experience includes numerous jury trials, bench trials, injunction proceedings, arbitrations, and mediations.

Thomas Kane Healthcare Lawyer Epstein Becker Green Law Firm Princeton
Member of the Firm

Thomas Kane is a Member of the Firm in the Litigation and Health Care and Life Sciences practices, in the Princeton office of Epstein Becker Green. In 2017, Mr. Kane was recommended by The Legal 500 United States in the area of Healthcare: Service Providers.  

Mr. Kane:

  • Has extensive experience representing clients in a wide variety of industries, including health care, finance, insurance, pharmaceuticals, and retail services matters, before federal and state courts at both the trial and appellate levels, administrative bodies, and various arbitral forums
  • ...
Robert M. Travisano Attorney Newark Business Litigation

ROBERT M. TRAVISANO is a Member of the Firm in the Litigation practice. Based in the firm's Newark and New York offices, he concentrates his practice in the area of complex business disputes. In 2013, he was named to the New Jersey Rising Stars list in the areas of Business Litigation and General Litigation.

Mr. Travisano:

  • Represents institutional clients in the federal and state courts of both New York and New Jersey

  • Litigates matters involving shareholder and partnership disputes

  • Defends...

Maximilian D. Cadmus Litigation & Business Disputes Attorney Epstein Becker & Green Princeton, NJ

MAXIMILIAN D. CADMUS is an Associate in the Litigation & Business Disputes practice, in the Princeton office of Epstein Becker Green.

Mr. Cadmus:

  • Represents clients in a variety of commercial litigation and related contexts, including insurance coverage disputes, administrative appeals, and business, products liability, and professional liability litigation
  • Provides representation to clients before state and federal courts, arbitration panels, and administrative agencies

Before joining Epstein Becker Green, Mr. Cadmus was a...