The Florida Supreme Court recently adopted an amendment to Rule 3.116, promoting the use of remote technology in criminal proceedings. This amendment allows communication technology to be used more frequently in non-evidentiary pretrial matters that are scheduled for 30 minutes or less. Judges are now required to grant a motion to use such technology unless there is good cause to deny the request. This change aims to improve efficiency within the legal system while balancing the need for due process.
Supporters of the amendment, such as the Florida Association of Criminal Defense Lawyers (FACDL), believe it will help attorneys manage their workloads more effectively and enhance access to courts. However, some opponents argue that physically present hearings are often crucial to the resolution of criminal cases. They note that in-person attendance plays a key role in fostering settlements before trial. Despite these concerns, the court decided to move forward with this amendment, stating that it provides an appropriate balance between the convenience of remote proceedings and the effectiveness of in-person participation for certain legal matters.
The amendment becomes effective on July 1 and aligns more closely with the broader Florida Rule of General Practice and Judicial Administration 2.530(b), which also encourages the use of communication technology in court proceedings. By enabling more routine pretrial hearings to be conducted remotely, this rule is expected to save both time and resources for legal professionals and their clients.