Virtual Civil Trials

Comparative Summary
This report by the foreign law research staff of the Law Library of Congress surveys the law of 25 foreign jurisdictions
on the availability and functioning of virtual civil hearings and/or trials, including the structure of civil court systems
and arrangements made to ensure the continuation of hearings and proceedings during the COVID-19 pandemic.

At the international level, the Court of the International Chamber of Commerce (ICC) has issued a Guidance Note for
international arbitration proceedings, with a protocol on virtual hearings in civil disputes.[1] In addition, signatories to
the European Convention on Human Rights (ECHR) must comply with article 6 of the ECHR (right to a fair trial)
[2] and European Union Member States are subject to EU Regulation No. 1206 of 2001 on Cooperation between the
Courts of the Member States in the Taking of Evidence in Civil or Commercial Matters,[3] among other
regional agreements. 
The report describes foreign court systems that have adopted a range of options and procedural conditions for virtual
hearings and/or trials in noncriminal cases in each jurisdiction surveyed. In Australia, Austria, Azerbaijan, Brazil,
Canada, China, Finland, France, Germany, India, Ireland, Israel, Italy, Japan, New Zealand, Norway, Puerto Rico,
Portugal, Russia, Singapore, Spain, Turkey, Ukraine, the United Arab Emirates, and the United Kingdom, the virtual
taking of evidence, hearings, and/or trials may be mandated by the judge or by the application of a party to the
proceedings. Additionally, in China, France, New Zealand, and Turkey, the option of virtual taking of evidence,
hearings, and/or trials in civil cases generally requires the consent of all parties.

Furthermore, Austria, Australia, Azerbaijan, Brazil, Canada, China, Finland, France, India, Israel, Ireland, Italy, New
Zealand, Norway, Puerto Rico, Spain, Singapore, Ukraine, the United Arab Emirates, and the United Kingdom have
adopted or are in the process of adopting specialized measures in response to the COVID-19 pandemic to facilitate
virtual civil hearings, mediations, and/or trials. For example, in Australia, all hearings (other than in truly exceptional
circumstances) are currently proceeding using remote access technology. In Canada, many courts have modified
procedural rules or introduced protocols to deal with urgent matters through teleconference or videoconference. In
China, the highest court has encouraged courts to fully implement online litigation through designated online litigation
platforms. In the United Kingdom, the first hearing under the new legislation in response to the COVID-19 pandemic
was held via Zoom on March 27, 2020.

Prepared by Elizabeth Boomer

Foreign Law Analyst
April 2020

[1] International Court of Arbitration, ICC Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-
19 Pandemic (Apr. 9, 2020), https://perma.cc/MMQ4-TLFE. 
[2] European Convention on Human Rights art. 6, Nov. 4, 1950, 213 U.N.T.S. 221, https://perma.cc/5ZZC-55ZX.
[3] Council Regulation 1206/2001, 2001 O.J. (L 174) 1, https://perma.cc/T6Z3-PWH2.
Last Updated: 07/24/2020