8. Where possible the Court will ask the witness to present himself/herself into
an advocates office who will conform the identity of the witness, assist on
administering oath and confirm access to an appropriate religious text and
ensure the witness is not distracted or influenced by anyone on what to say
and any possibility of coaching by someone from the sidelines.
9. The witness shall place the microphone on mute when not speaking, avoid
shuffling papers and making other distracting background noises.
10. During the test runs and the actual hearing, the witness must ensure there is good
internet connections with sufficient bandwidth. These issues shall be discussed
with Court staff prior to commencing the hearing.
11. The witnesses shall keep their video on for the duration of the hearing, even when
not speaking (this is for the benefit of the other advocates and the judge, however,
it also has the added benefit that others will notice immediately if your connection
drops off).
12. The Court shall make contact with the Counsels presenting the witness well
in advance of the hearing to discuss and confirm the arrangements.
13. The witness shall turn off email and other notifications which might be on the
computer and may cause distraction to others during the proceedings.
14. The witnesses must aim to connect to the video call at least 45 minutes before
the designated start time.
15. The witnesses shall endeavor to be in an environment that shuts out as much
noise as possible, has decent lighting, and any necessary device such as a
power charger for the laptop at hand.
16. Bandwidth will have a huge impact on the smooth-running of the hearing. It
is important to minimize internet use at the location during the hearing in order
to secure the best and most consistent connection.
17. The court will record the hearing. The parties and representatives must not do
so unless specifically permitted by the judge.
Common Challenges
Some of the current defects of remote hearings include:
• Variable sound quality
• Screens freezing and participants speaking soundlessly into the camera.
• Participants dropping out of the video call altogether. When judges notice
such problems, the hearing will usually be stopped and the individual reinvited. Beyond the technological difficulties, however, are the issues which
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