Illinois Remote Court Appearances

Traditionally, in-person legal proceedings were the standard before the COVID-19 pandemic. In-person court proceedings allow all case participants to be physically present in the courtroom and involve direct interaction and communication between all parties. However, following the COVID-19 pandemic, virtual court proceedings have remained available through video communication platforms and have become increasingly common.

 This shift has sparked some debate on the advantages and disadvantages of both. Some judges also have preferences as to whether they conduct in-person or virtual legal proceedings. However, the general consensus on virtual proceedings in Illinois courts has been very positive and often encouraged.

Attending court in person does have some advantages, which has been the tradition for courts for many years. It allows for interactions and observations of non-verbal cues, such as body language and facial expressions. This can be extremely useful for communication and decision-making, as you can read the judge and infer their thoughts through facial expressions. Attorneys can also adjust their strategy or refine their arguments based on the non-verbal cues they receive from the judge or opposing counsel.

However, the costs and challenges of travel, caretaking responsibilities, time off work, and health concerns present significant issues for attending court proceedings in-person. The Illinois Supreme Court acknowledges that meaningful access to the courts is a crucial component in maintaining the integrity and fairness of the judicial process and the legal system. To help address the many challenges of in-person court, they have allowed and supported remote participation in court proceedings.

With the widespread availability of mobile devices, either through personal or public access, as well as the increasing use of video communication platforms, the Illinois Supreme Court revised its policy on remote court appearances in June 2025. This revision enables remote proceedings, allowing more people to participate in court and for attorneys to appear more efficiently, thereby representing a greater number of clients.

Virtual courts allow for convenience, as parties can join hearings from anywhere. This helps reduce travel time and costs associated with what some may argue is a disadvantage of in-person court. Virtual hearings allow people to avoid travel altogether, take less time off from work, and accommodate caretaking responsibilities. On the attorney side, it allows for the attendance of multiple hearings a day. Our partner is gone most of the summer, yet she still works. Even though she is not physically present in our office, she is virtually present, allowing her to attend hearings and meet with clients. 

Supreme Court Rule 45 authorizes remote appearances in Illinois circuit courts. Remote participation is subject to the court's discretion, and the court had wide latitude to allow remote appearances without a showing of good cause or any particular level of hardship. The Committee emphasized, while amending Rule 45, that remote appearances should be easily requested and liberally allowed.

Rule 45 (c) specifies that participants of a civil or criminal matters that do not involve possibility of jail or prison time, shall be permitted to attend court remote without any advance approval, expect for the following proceeding types: (i) Evidentiary hearings, except for ex parte evidentiary hearings (such as emergency orders of protection hearings); (ii) Settlement conferences; (iii) Bench trials; (iv) Jury trials; and (v) Any case type or proceeding type exempted from remote participation in accordance with paragraphs (b)(2) and (b)(7). It is important to note that these proceedings may still be conducted remotely, but they require the judge's approval.

When considering requests to appear remotely, judges will typically exercise their discretion broadly under Rule 45. Judges will consider factor such as whether an in-person appearance is necessary; the nature and purpose of the proceeding; the court's available technology; the degree of inconvenience or hardship; any security or safety concerns; whether the case participants have agreed to remote appearances; any previous abuse of remote court appearances by the requesting case participant; and any other issues of fairness and due process that the court may determine relevant. Note that a showing of good cause or hardship is not required under Rule 45.

The Illinois Supreme Court Policy on Remote Court Appearances, lays out many benefits to remote court proceedings: Decreasing the time and expense of coming to court; Increasing accessibility to the courts for Case Participants, including people with disabilities, the elderly, people serving in the military, and law enforcement; increasing case efficiency, by reducing default and failure to appear rates, missed court dates, and scheduling conflicts and improving disposition and clearance rates for courts; Expanding access to legal representation; Expanding access to qualified spoken and sign language interpreters; lowering risks to public health, safety, and security, creating efficiencies for judges in geographically dispersed jurisdictions to hear cases from outlying courthouses in one location; and improving the public perception of the court system.

This policy, which Rule 45 incorporates into, is intended to help and promote the use of remote court appearances by all case participants. It is important to note, however, that this policy does not supersede Rule 45(b)(5), which permits participants in a case to choose to participate in court proceedings in person.

The Law Office of Erin M. Wilson, LLC, handles in-person and virtual court appearances for family law matters and has extensive experience in court proceedings. Contact us for an initial consultation to discuss what legal proceeding best fits your needs.

NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.