THE COURTS OF THE FUTURE: PART II HYBRID COURTS & CHALLENGES

Abstract

This paper examines the evolving landscape of judicial adjudication in the digital era, with a primary focus on hybrid courts as a pivotal transitional model in the digital court ecosystem. Analogous to learning a physical skill, such as riding a bicycle, this research argues that merely planning digital transformation on paper is insufficient — practical implementation is indispensable for achieving a fully digital case life cycle. The study outlines key stages of judicial process digitisation, including e-filing, case registration and allocation, digital briefs for judicial officers and advocates, digital records management, evidence recording, appellate record sharing, and electronic service of process. Special emphasis is placed on hybrid courts, where traditional in-person hearings integrate with virtual proceedings, highlighting both their potential to enhance access to justice and operational efficiency as well as the inherent challenges of implementation. These challenges include technical infrastructure gaps, procedural complexities, cybersecurity concerns, digital divide issues, and normative adjustments required for fair and effective digital justice delivery. By synthesising theoretical insights and practical considerations, the paper offers a framework for understanding how judiciary systems can transition towards fully digital operations while addressing technological, procedural, and policy challenges intrinsic to hybrid court models.