A recent observation in a Munich courtroom, civil chamber: A scientific study did not meet the expectations of the client, now there is a dispute about the fee. While the judge and one party are waiting in the room, an employee rolls up technical equipment – because the two researchers and their lawyer are switched on. The judge is still unsure whether it will really work.
Finally, no demonstration effect, phew, a bit of shoving around and all three people appear on the screen, clearly visible via the Microsoft Teams tool. And then this! A digital participant is located in Bavaria, the lawyer in Hesse, the third sends a happy hello from Switzerland. Ouch, non-EU countries, not allowed without extra permission, says the judge and has to interrupt the session for now.
It is curious that the stumbling blocks when switching on in court are the same as in normal working life. Question one: Does the technology work? Question two: Where are the participants sitting, has someone who mimics the diligent person at the desk actually slipped away on a short vacation?
But the string from Munich shouldn’t hide the fact that overall the shifters seem to be going well. In 2022 there were 12,056 such civil hearings and hearings in Bavaria. “I am pleased that the Bavarian judiciary is very willing to embrace new digital opportunities,” said Minister of Justice Georg Eisenreich (CSU) in view of the numbers that his house has now announced. The state-wide leader in 2022 is the district court of Traunstein with more than 1407 digital procedures. Munich leads the statistics for the district courts.
According to the ministry, the digitization offensive did not just begin with the pandemic, since 2018 central mobile video conference systems for courts have been procured. Eisenreich also calls for the “modernization of civil proceedings” and reports the need for legal policy action to the federal government. In criminal proceedings, however, the principle of immediacy applies – i.e. attendance is mandatory, with the exception of recorded interrogations to protect victims. The respective judge decides whether civil proceedings are appropriate for switching.
Digital participation saves travel time and costs, but there are also cases where a personal impression is necessary. Incidentally, the initial malaise in the student dispute in Munich was quickly remedied – Switzerland opted out, the man left the haggling over the fee to his partner and the lawyer.