Using Tech to Stop FTA's and Adjournments

 

With the success of web and audio hearings during the Covid-19 pandemic, courts have proven that absent/remote persons can be made available by mobile or computer.  It is time now to make this standard practice.

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Many courts around the world suffer from case delays caused by persons failing to appear (FTA) for the hearing or trial. While some courts try to quickly continue with the case later in the day or week, many simply “adjourn” until there is an empty slot on the calendar.  In some instances that opening can be months in the future. 

What I wish to propose is that we use mobile phone/voice technology to contact the missing persons and by rule, allow them to testify or appear for the hearing.  So here are some ideas for steps to accomplish it.

1. It would require that during the case preparation phase they would need to provide mobile phone contacts and e-mail.  In one project we simply added the mobile phone number to the traffic citation and complaint/plea form.
   
   
2. We would send them multiple texts and/or e-mail reminders (ala my car repair shop who has sent me four texts to remind me I have a service scheduled at 10:00 yesterday morning… four!).
     
3. If they do not appear, the court will try to contact them by voice phone, text message, and e-mail for a set period of time.  If this is successful, the hearing and even civil trial can proceed.  If the missing person is a criminal case witness, the matter should be able to proceed if a case participant can verify the voice of the person is the one being called.  There are also voice print/matching tech to do that if one wants to get into that level of authenticity.
   
   
4. The courtroom and judge's chambers must be equipped with a good quality speakerphone.  This can be done using a computer that may be used for web conferencing that would also have the requisite speakers and microphones.
   
   
5. If the remote communication method fails, the matter may proceed with either a dismissal or default judgment.  Yes, this is harsh but as the legal maxim states: Justice delayed is justice denied.