How to prepare for a virtual hearing

There have been many changes in our court system over the past year as the courts have adjusted to processing cases in the midst of a pandemic.

One of these changes is that many court appearances, including calendar calls, status conferences, hearings and trials, are being held virtually via the Cisco Webex video conferencing platform.

In Buncombe County’s family court, virtual Webex hearings have temporarily been the default, and calendared cases are presumed to be heard virtually except in cases where the judge decides that an in-person hearing would be appropriate.

While most of us have become reasonably comfortable with video conferencing in our day-to-day lives over the past year, the added virtual aspect of a Webex hearing can add anxiety to a process that can already be daunting for those with little or no courtroom experience. With simple preparation, however, you may come to appreciate the ability to attend a hearing from the comfort and familiarity of your own home or office space.

If your case is calendared for a Webex hearing, we will walk you through the process of what to expect in virtual court, just like we would prepare with you for a hearing in the courtroom.

After a year of court appearances via Webex, here are some tips we have compiled to help you prepare for your virtual hearing:

· Decide how you plan to access Webex – on a computer, tablet, or phone – and download the Webex app to your device ahead of time. Do a test call to make sure you know how to access the app and that everything is functioning properly on your device (camera, sound, etc.).

· Find a quiet and comfortable space for your hearing that will allow for privacy and will be free from interruptions. No one should be in the room with you for your hearing unless you have arranged otherwise with your attorney.

· Check your surroundings – be sure you don’t have clutter or anything inappropriate visible in the background of your video.

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· Have a few things handy – water, tissues, notepad and pen, etc. – and limit other distractions around you.

· Make sure you look presentable – dress as you would if you were going to be in the courtroom.

· Mute email and desktop notifications, silence phones, and silence any other device that may be an interruption or distraction.

· Remember you are on video! Do not multi-task during your hearing, and keep in mind that your facial expressions will be more visible on screen to everyone, including the judge, than they would normally be in person.

· Maintain the same etiquette as you would in a physical courtroom – treat the judge, attorneys, and other parties with respect, don’t interrupt, and only speak when you are testifying or are otherwise directly addressed. Don’t address lawyers or parties by their first names – use “Mr.”, “Mrs.” or “Ms.” Address the Judge in your case as “Your Honor”.

· Be sure you are muted in the Webex app any time the court takes a break or you have an opportunity to talk with your attorney during the hearing. Don’t assume that just because the court has taken a recess or you are not testifying that everyone else can’t hear you!

· Keep notes and exhibits handy. Your attorney may submit potential exhibits to the court and opposing party in advance for admission to the court during the hearing. If your attorney has submitted potential exhibits, you should be familiar with these exhibits and have them easily available to reference during the hearing.

· Don’t use the Webex chat function during the hearing. Buncombe County’s family court has rules for Webex hearings which allow attorneys and parties to communicate privately by text or email during a hearing, however, parties may not communicate with counsel while testifying. No one may communicate with a witness privately during the hearing without court permission, and no one other than attorneys participating in the hearing may use the chat feature of Webex during the hearing without court permission.

· Family members or friends can be present via Webex for support or as potential witnesses, but all attendees must have their video turned on and will be muted, and they should not communicate with any party or witness during the hearing. Attendees should also be conscious of their appearance and facial expressions during the hearing – the judge can see them too!

While virtual hearings come with their own set of challenges, they have also allowed for more flexibility in many cases. Parties may be able to avoid taking as much time off from work for a court appearance, parties can participate in a hearing from out of town, and attorneys and clients both can make better use of their time while waiting for their case to be heard instead of sitting in the courthouse lobby.

While temporary provisions have been gradually lifted as the pandemic outlook has improved in recent months, virtual court appearances seem to be here to stay for a while, and perhaps permanently, in some capacity.

We have had good experiences in virtual hearings and have enjoyed being back in the courtroom more regularly after the temporary slowdown last year. We look forward to continuing to provide high-quality representation both in person and via Webex in the months to come.

Jim Siemens

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This article is intended for information purposes only and is not to be considered or substituted as legal advice. This article is based on North Carolina laws in effect at the time of posting.