When COVID-19 struck, lawyers had to adapt in many different ways. One of the most significant changes, for litigators, in particular, was engaging in courtroom advocacy remotely. This posed many challenges—and not merely technical difficulties. As litigators who relish opportunities to advocate on behalf of our clients live and in person, we were pleased to see the U.S. Court of Appeals for the Ninth Circuit’s recent announcement that in-person appearances will be required as of January 2024.

The Ninth Circuit currently uses a hybrid approach to oral argument, allowing remote or in-person appearance. Moving forward, according to the Ninth Circuit, “As of January 2024, all counsel and parties invited to argue before the court are expected to appear in person.”

It will still be possible for a lawyer to appear remotely. However, in order to do so, a lawyer must file a motion requesting such relief, demonstrating that an in-person appearance would pose a hardship. Such a motion is to be filed within seven days of the calendaring notice.

Despite the Ninth Circuit’s move back to in person appearances, many courts across the country continue to allow lawyers to appear remotely. A Bloomberg article earlier this year reported that Alaska, Arizona, Illinois, Minnesota, Maryland, Michigan, North Carolina, and Texas “have all integrated remote operations into their state courts’ permanent playbooks.”

There are undoubtedly benefits to be gained, in terms of time- and cost-savings, for certain pre-trial, non-evidentiary hearings to be held remotely. But when it comes to trial work and appeals, the ability to look in people’s eyes, gauge the mood of the room, and immerse oneself fully in the moment—free from the inevitable technical glitches, is essential for effective advocacy.

We welcome more time spent in the halls and courtrooms of the Ninth Circuit in the year ahead!

For more information regarding Alto Litigation’s litigation practice, please contact one of Alto Litigation’s partners: Bahram Seyedin-Noor, Bryan Ketroser, or Joshua Korr.

****

Disclaimer: Materials on this website are for informational purposes only and do not constitute legal advice. Transmission of materials and information on this website is not intended to create, and their receipt does not constitute, an attorney-client relationship. Although you may send us email or call us, we cannot represent you until we have determined that doing so will not create a conflict of interests. Accordingly, if you choose to communicate with us in connection with a matter in which we do not already represent you, you should not send us confidential or sensitive information, because such communication will not be treated as privileged or confidential. We can only serve as your attorney if both you and we agree, in writing, that we will do so.

The materials on this website are not intended to constitute advertising or solicitation. However, portions of this website may be considered attorney advertising in some states.

Unless otherwise specified, the attorneys listed on this website are admitted to practice in the State of California.