Today TCJL submitted comments on proposed Rule 21d, Texas Rules of Civil Procedure, which governs remote proceedings. Our letter expresses our appreciation to the Court for exempting jury trials from the trial court’s authority to order remote proceedings over the objections of the parties. We also applaud the Court for establishing a “good cause” standard for a party’s objection to a trial court order compelling parties to appear remotely in other types of proceedings. The letter further states our continuing concerns about the application of the rule to pretrial evidentiary hearings and other contested matters, as well as our belief that far more data is needed about the effectiveness of remote proceedings in particular contexts before we can truly know what the impact of the rule might be on due process.
You can read the letter below.
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