Court

U.S. courts have adopted various new technologies that can assist in the administration of justice, but the state of Michigan took the most radical step in 2002 when it authorized the creation of the first fully functioning cybercourt in the country. This virtual court, once fully operational, would allow attorneys to file court appearances, briefs, and other court documents online. Specially trained district and circuit judges would serve three-year assignments on this court.

The cybercourt in its first incarnation is to be limited in jurisdiction to business disputes with an amount in controversy exceeding $25,000. The court would not use juries, as it was designed to assist businesses that need quick resolutions of disputes, such as those involving trade secrets. Critics have pointed out that the system would not allow judges to examine evidence physically or even to view evidence with any certainty, given the limitations in viewing screen resolution in many video or real-time communications. In addition, critics contend that many business disputes involve issues of federal law and diversity jurisdiction, thereby denying this court the opportunity to hear many cases.

The Michigan Supreme Court proposed new rules to govern the operation of the cybercourt. These rules addressed: the filing of pleadings and other documents via the INTERNET; the prevention of tampering with electronic documents; how testimony would be given via the Internet, videoconferencing, or interactive video; how serving notice on parties to a lawsuit via E-MAIL will work; and how court proceedings will be made accessible to the public.

The Michigan cybercourt was supposed to be operational by late 2002 but by mid-2003 it was still on the drawing board. In June 2003 the state legislature debated whether to provide $2 million to establish it in three locations.