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FACT FINDERS: Flood of appeals may be coming due to court changes during pandemic

Updated: Jun. 8, 2021 at 7:08 PM MST
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TUCSON, Ariz. (KOLD News 13) - The court systems had to adapt to the pandemic and they did in many different ways.

One way was virtual hearings, but it may bring some unintended consequences.

Alison Briggs, an attorney with My AZ Lawyers, said it could be a problem the judge couldn’t see the litigant’s body language in person and therefore the judge wasn’t able to render certain decisions.

She said someone could be holding up flashcards behind the camera during a virtual hearing and a judge would never know.

Then, there’s the issue of evidence.

She said she’s had cases where there was a problem submitting audio and visual exhibits and the judge said since he couldn’t hear them, he didn’t want them.

”That’s going to be an issue too that we’re going to see is if somebody wasn’t given the opportunity to present their full case and it had nothing to do with a violation of the rules of evidence, it’s going to be a problem. Things are going to be appealed,” she said.

Briggs said she doesn’t know the extent of the ramifications coming, but she’s pretty certain we are going to see many cases vulnerable on appeal.

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