Subjective Due Process as a Legal Standard: Using Lay Judgments as a Basis for Evaluating Emerging Remote and Impersonal Civil Procedures

Authors

• Tom Tyler, Yale Law SchoolFollow

Abstract

The forums through which the civil justice system operates are

rapidly changing toward the adoption of remote and impersonal

procedures. These changes are being driven by efforts to manage

large case loads through a system which has limited resources.

Authorities supporting these evolving forums suggest that they

respond to litigant concerns for rapid and inexpensive case

management procedures. A review of research suggests that, in

contrast to this perspective, people are actually very sensitive to

whether they believe they receive due process. Such due process

concerns have been identified through the literature of procedural

justice. They reflect four judgments about a procedure: does it allow

voice; is it neutral; does it treat those involved with dignity; and is

there evidence that the motives of the authorities are trustworthy

(sincere, benevolent). Many of those who have experienced newer

remote or impersonal procedures raise concerns about whether

these new procedures address their due process concerns. This

suggests that gains in speed and cost need to be balanced against

potential declines in public trust and confidence in the courts

resulting from litigants’ feeling that they experienced injustice on

the part of the courts.

Recommended Citation

Tom Tyler, Subjective Due Process as a Legal Standard: Using Lay Judgments as a Basis for Evaluating Emerging Remote and Impersonal Civil Procedures, 75 DePaul L. Rev. (2026).
Available at: https://via.library.depaul.edu/law-review/vol75/iss2/2