COVID-19 has fundamentally disrupted the American legal system. The country’s state courts, where the majority of cases are heard, have largely been unable to continue with business as usual.

This edition of ILR Briefly examines the myriad issues facing state courts as they begin to reopen or increase their activity, including the unprecedented challenges brought by the backlog of millions of delayed cases and case filings.

Courts will be faced with pressing issues at all stages of litigation, from the commencement of a lawsuit, through the discovery process, to case resolution. ILR’s paper examines potential pitfalls and offers commonsense solutions as courts contend with questions regarding statutes of limitations and pre-judgment interest; the preservation of digital documents in a world of remote work and uncertain litigation deadlines; and the oft-misguided temptation to consolidate cases.

ILR’s paper examines these hurdles and more, offering recommendations to state courts to overcome historic challenges and ensure that the fair and efficient administration of justice is fulfilled.

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Anne C. Malik, Orrick, Herrington, and Sutcliffe, LLP.