Appellate standards of review are the way an appeals court looks at a lower court’s decisions. They usually give deference to the lower court because it saw everything happen in person. But now, with the pandemic, some courts are trying out remote trials with video recordings. This could change how much deference the appeals court gives to the lower court’s decisions. The judicial branch is slow to change, but due to the COVID-19 pandemic, Florida’s courts have had to adapt. They’ve started doing remote civil jury trials using videoconferencing to keep things moving. This is a big change, and the recordings of these trials may one day be used in appeals. In Florida, different courts have different standards for reviewing cases. Appellate courts look at legal decisions again from the beginning, without giving deference to the trial court. They do this to make sure the law is applied the same way in every case. When it comes to discretionary decisions, the appellate court gives a lot of respect to the trial court’s decision, because they are in the best position to decide. And when it comes to factual findings, the appellate court assumes the trial court’s decision is correct, unless there is clear evidence otherwise.
With the pandemic causing a backlog of cases, there is talk of using remote trials more often. This might mean that recorded trials will become more important for appellate courts and people involved in lawsuits. In the past, it was believed that trial courts were better at making decisions than appellate courts. But some people think this belief might not be true. Now that remote court proceedings are becoming more common, some people are questioning whether appellate courts should have more power to review cases. They think sticking to old ways might not be fair to everyone involved in the legal system, especially when there are easy solutions available. In legal cases, appellate courts give deference to the decisions of trial courts for several reasons. This helps define the roles of the courts, fosters respect between them, and provides a final decision. It also helps maintain consistent legal doctrines and saves judicial resources. Appellate courts focus on correcting legal errors and don’t get swayed by emotional appeals. There are practical concerns about using video recordings as evidence, such as privacy issues and the time it takes to review them. The rules for including video recordings in the appellate record are not clear at the moment. There are also different opinions on how much importance should be given to video evidence compared to testimony in court. This is currently being debated in the courts, and the rules may change in the future as technology evolves.
Source: https://www.floridabar.org/the-florida-bar-journal/zooming-in-on-the-impact-floridas-remote-civil-jury-trials-may-have-on-appellate-standards-of-review/
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