A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: bench-trial

COVID-19, CDC/Hannah A Bullock; Azaibi Tamin

Chief Judge Stark today denied an emergency request by defendants to delay a remote bench trial scheduled to start next week.

The Court had previously solicited the parties' preferences on how to handle trial and, before the pretrial conference, ordered that the trial would be fully remote. At the pretrial conference, neither party objected to that ruling.

Last week, however, Defendants sought emergency relief to delay the trial in order to convert it to a "partially remote" trial, submitting a declaration from their client that they had not authorized their now-former in-house counsel to agree to a fully virtual trial.

They cited due process rights and the importance of in-person testimony …

Gavel, Bill Oxford, Unsplash

Judge Andrews is holding a virtual bench trial in a contract action today. The Court posted a dial-in for public access:

Remark: The public may access the Bench Trial scheduled to start 7/6/2020 by dialing the following phone number: 571-353-2300, then enter 792973273. The dial-in information provides listening capabilities only. (crb) (Entered: 07/06/2020)

Judge Andrews set forth his reasoning for holding a virtual trial in an order in June:

I had a teleconference with the parties on June 5. I suggested a virtual trial. I did not think it was fair for one side to have lawyers in the courtroom while the other side did not. A virtual trial (by which I …