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Litigant Diaries – Courtroom To Zoom – Dealing with Hearings Online

Ever since the start of the pandemic, the world has changed the way it operates most of its services. We had to find new ways to continue providing the important services that couldn’t be halted no matter what. Whilst most services were closed, essential services were the only ones that remained open. One of them being the family court.

The constant on-going roll of cases coming into the court didn’t stop despite the rest of the world coming to a halt. So the court’s improvised, leading to the transition from courtroom to zoom. The new way of scheduling hearings without violating the social distancing rules. And now, with the rules lifted, it has continued to be used as a way to conduct hearings.

So what exactly is a remote hearing? It’s the same as a normal hearing you would typically have in the courtroom, except this time it’s done from a remote location through a screen, physically distanced from others in the hearing.

Although some may revel in the comfort of being able to wear pyjamas below the cut off point of the laptop webcam, it’s not all sunshine and rainbows. Switching to online hearings can be quite daunting, especially if you’ve never had a hearing before.

Read some of our tips below to help you get ready for your online hearing.

1. Internet Connection

Test your internet before the day of your hearing arrives. Many people don’t have reliable access to the internet so it’s best to test out the internet you have or, if possible, try to find another location where you have a better connection. 

If you suddenly develop any internet issues on the day, let the courts know. They can provide you with support and guide you through what to do next.

2. Make sure your electronics are charged

Make sure all your needed electronics are charged up and ready for the day. 

This is probably pretty obvious, but it’s easy to forget to do this when you’re stressed, and what you don’t want is for your computer to switch off randomly in the middle of your hearing. It’s a hassle having to get your computer working again and back into the hearing, so make sure you have your chargers plugged in or within arms length of you all the way through to prevent any unnecessary stress. 

If your hearing ends up being one that lasts all day, you’re definitely going to need to recharge your electronics at least once.

3. Make sure your set-up is comfortable

These hearings can last hours, so you need to make sure you’re comfortable. Try to keep your computer on a desk and at a height that doesn’t put strain on your neck or back.

Keep your computer approximately 25 inches away from you and a few degrees below eye-line.  Go read our article on taking care of your back for some tips to help your body stay comfortable through this.

Remember – although you’re at home, you can’t leave whenever you feel like. Only the judge or magistrate present is allowed to tell you when you can leave. So, make sure you have a glass of water nearby and some snacks by your side in case you need a boost of energy.

Make sure that you have access to the relevant documents you need, whether that be next to your computer or electronically available on your computer. It’s difficult to remember every single detail about your case so it’s better to have it all available to you when you need it.

4. Try to sit away from other people

Although not everyone has the option to find an empty space for the hearing, it’s important to find somewhere relatively quiet. This is so you can concentrate on what’s going on and the hearing can go smoothly. 

If your house is not a suitable environment for the hearing, see if you can find some quiet places in your local area, like a library. They may have study rooms that you can reserve.

To help create an ideal environment for your online hearing, use a pair of headphones. If you have a pair of headphones, this may be helpful to reduce or block out noise from your surroundings. 

5. Don't be afraid to contact those in the hearing if something goes wrong

If any issues occur during the hearing, such as a lost internet connection taking you off the call or you can’t hear what’s going on – let the people in your hearing know. These things happen. Don’t be afraid or think that you are being an inconvenience if you are experiencing issues. This hearing is happening for the purpose of sorting out your divorce. They are providing a service to you. 

6. Know the rules of online hearings

It’s best to familiarise yourself with the rules of online hearings before you go into your first one. Many think that it’s more relaxed and informal because it’s online, but they’re pretty much the same as an in-person hearing. The people in your hearing will most likely explain the rules but here are a few to be aware of – 

The general rule is that you stay muted until you are asked to speak. Just like when you’re there in-person, they will address you when they want you to speak (remember to unmute yourself at this point!) 

Your camera should also be on, however, the court may request that you switch it off at certain times. They may also ask you to do this if the connection can be improved by doing so. 

As mentioned above, don’t leave the hearing unless the judge or magistrate has said that you can do so. 

7. Remote hearings might not be the right choice for you

There are many reasons why having a remote hearing may not be the best option for your case. 

If your internet issues are too severe to have an online hearing, or if you have any other issues that make it difficult to attend an online hearing, make sure you contact the court and inform them. Don’t leave this to the last minute.

It’s possible that your online hearing can either be postponed or restructured into a hybrid hearing – where some of the participants are allowed to be physically present, whilst others appear online through video call.

Contact your court and find out the best options that suit you for your next hearing.

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