Virtual hearings: are they a step forward or backward in Dominican legal practice?
Written by Hipólito Sánchez
Virtual hearings emerge during the pandemic
During the COVID-19 pandemic, the Dominican Republic’s judiciary implemented virtual hearings so as not to suspend the functioning of the Dominican judicial system, while complying with health measures that prohibited in-person activities during that period.
At that time, a group of lawyers believed that virtual hearings detracted from the solemnity and masterful preparation of the oral presentations of the litigating attorney. Therefore, they filed an action of unconstitutionality against the provisions issued by the Judiciary for this type of hearing.
Subsequently, the Constitutional Court upheld the action, declaring the provisions issued by the Judiciary unconstitutional in its ruling TC/0289/2021.
Digital justice following closure of the Appeal Court’s building
On April 8, 2025, a tragedy occurred at an entertainment center in the country, attributed to an apparent structural failure. This sparked widespread alarm over the alleged structural deterioration of the Appeal Court’s building in the National District.
In May 2025, the closure of the building was announced, and virtual hearings were reinstated for more than 15 courts that had been holding in-person hearings in that building. Some courts have now adopted a hybrid system.
Virtual hearings are protected by Resolution No. 21-2025 of the Plenary Session of the Supreme Court of Justice, in compliance with Law 339-22 on the use of digital media for judicial proceedings and administrative procedures of the judiciary.
Since virtual hearings are protected by legislation prior to their implementation, it is unlikely that they will be declared unconstitutional again.
Pros and cons arguments
However, there are still arguments for and against virtual hearings. Traditional trial lawyers believe that this digital format undermines the solemnity of a face-to-face hearing before a judge.
In addition, the lawyer’s oratory skills and physical presence lose relevance. On the other hand, other lawyers agree with and support modernization.
Advantages and disadvantages of virtual hearings
Given these opposing positions, the question arises: are virtual hearings a step forward or backward? Let’s look at the advantages and disadvantages we have identified in our legal practice:
a) Advantages
– Remote access: you can participate from anywhere, without having to physically go to court.
– Better time management: while you wait for your hearing, you can get on with your office work.
– Fewer logistical issues: you avoid heavy traffic and limited parking.
– Resource savings: time and fuel.
b) Disadvantages
– You lose the social contact that is typical of Dominican courts.
– Limitation for lawyers who enjoy public speaking before a bench.
– You must remain connected for a considerable amount of time if there are delays.
– It is questionable whether the principle of public hearings is truly upheld in this format.
– Failures in the platform or internet connection affect the progress of the hearing.
– You cannot connect to two or more virtual hearings on the same device while waiting for your turn.
In the legal sphere, there is still doubt as to whether the courts will issue judgments more quickly in virtual hearings. If this does not happen, the favorable support that this format has enjoyed so far could be lost.
Technology drives efficiency and agility in the judicial system
Virtual hearings are a significant step forward for the Dominican judicial administration in terms of accessibility, efficiency, and modernization.
Digitization in the creation of new cases, viewing case files, filing documents and petitions, requesting certifications, and receiving notifications of new case developments are undoubtedly important contributions to the optimization of the judicial system.
In this article, we outline the advantages and challenges of virtual hearings, leaving the reader to reflect on whether they represent progress or regression.
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