A virtual court hearing takes place via videoconferencing platforms, where the parties involved in the proceedings, their lawyers, the judge, and other participants connect remotely, such as a virtual assistant for attorneys.
In general, the virtual court hearing follows a similar structure to the in-person hearing, with the judge opening the hearing, followed by the parties’ presentations and arguments, the questioning of witnesses, and the analysis of the evidence.
During the session, the judge may make decisions or adjourn the trial to a later date. All participants must have their devices connected and working properly.
In what situations are hearings online?
Many courts adopted online hearings to ensure the safety of all involved. Since then, the model has become increasingly popular in various situations and has become increasingly common. Among the main situations in which they occur, we can highlight:
- Geographic distance: when the parties are in distant locations, including outside the country, online hearings allow everyone to participate without the need to travel;
- Accessibility: For people with mobility difficulties or other physical limitations, online hearings offer a convenient alternative;
- Procedural efficiency: to streamline processes and reduce costs, such as transportation for judges and lawyers, some courts prefer to hold hearings online;
- Specific cases of urgency or security: when there is a need to ensure greater speed or confidentiality, an online hearing may be more appropriate for these situations.
What types of audiences can attend virtual court
Online hearings have become an increasingly common practice in the judicial system, providing greater agility and accessibility to processes.
This modality can be applied to various types of hearings, such as conciliation, evidentiary proceedings, custody proceedings, and court orders, allowing the parties involved to participate remotely, without the need for travel. Learn more about these hearings below.
Conciliation hearings
Generally, these are hearings in which the parties attempt to reach an agreement, usually with the mediation of a conciliator or judge. These hearings can be held online to facilitate access for the parties and reduce travel costs.
Pre-trial and judgment hearings
These are hearings where the judge gathers evidence, interviews witnesses, and ultimately delivers a ruling. Many of these hearings, especially in straightforward cases or with geographically distant parties, can take place online.
Custody hearings
In these hearings, a prisoner is brought before a judge immediately after their arrest, so that the judge can decide on the legality of the arrest and possible precautionary measures. In urgent situations or when the prisoner is far from the hearing location, the hearing can be held online, ensuring compliance with legal formalities.
Court order hearings
When a judge needs to authorize the withdrawal of funds or assets, for example, these hearings can take place online, especially when there’s no need for in-person testimony or other evidence. Online processing facilitates the agility of these processes.
How is an online hearing conducted?
Therefore, these hearings have now brought significant mobility, agility, and security to the legal sector. Furthermore, they have significantly reduced costs for everyone, whether clients, lawyers, or the courts.
But how is it carried out in practice?
All you need is an internet connection, a cell phone, a tablet or a computer for a video conference to take place, a virtual meeting between lawyers, their clients, witnesses, court officials and other listeners.
In short, this is the starting point for an online hearing. In other words, it doesn’t matter where each party is, because these tools make it possible to meet and keep the judiciary’s activities moving forward.
In addition to devices and the internet, audiences need platforms that provide access links to all participants, including Google Meet, Zoom, and Microsoft Teams.
Therefore, the local courts are the ones who define the platform they will use for their virtual hearings, and the offices and professionals, in turn, must access it to participate in the video conferences.
Environment
Especially when working from home, it’s important to pay attention to the details. Ensuring a quiet, understated space with good lighting is essential for a virtual audience.
Equipment
For a good broadcast during the hearing, it’s important to have fully functioning equipment. Check your camera, microphones, and, most importantly, your internet connection for good image and sound transmission.
Preparation
Legal professionals must be well prepared for this new reality in court hearings. Their posture and knowledge of the process are just some of the important guidelines.
So, here’s how to be properly prepared:
- Confidence: The way you express yourself demonstrates how prepared you are for the audience. So, be cordial and confident. Also, maintain a clear and formal tone of voice. This conveys confidence;
- Persuasion: A major asset in law is persuasive power, but to achieve this goal, body language is also crucial. Avoid distractions in front of the camera and focus your actions and gaze on it;
- Emotional: Just because there’s a camera between you and the other parties doesn’t mean you’re allowed to lose control. Act and speak calmly. Don’t lose your balance, conveying insecurity, discomfort, and damaging your client and your image.
- Study: Study the case thoroughly, as to have strong arguments, you need to know what’s being discussed. Only then will the lawyer construct a detailed narrative that’s targeted to the other participants in the hearing.
- Script: Don’t just study the case, but also take notes and create a script with key information from the case. This way, you’ll structure your speech in an organized manner and guide the audience satisfactorily.
It’s easy to see that adopting online hearings in your office’s daily routine is not difficult, as with today’s technology and some important considerations about preparing for their use, this new format becomes possible.
Advantages of Virtual Court Hearing
The legal field demands agility, and online hearings have met this need well. However, this isn’t the only advantage, as the range of benefits is broad.
In this sense, this meeting format offers the following main advantages:
- Speedy trials: the model does not require transportation for lawyers, defendants, or others involved in the trials. Meetings are immediate, without geographic restrictions.
- Cost reduction: as a result of the possibility of meeting via videoconference and without travel, there is a reduction in costs for the Judiciary, lawyers and all participants in the process;
- Recording the hearing: Most videoconferencing platforms allow you to record hearings, thus providing the courts with ammunition to evaluate and reevaluate their content.
Of course, there are disadvantages, but they are more focused on the technology than on the practical aspects of the model, such as internet connection failures or problems with devices like tablets, cell phones, and computers.
Is a virtual hearing mandatory?
No, virtual hearings are not mandatory in all cases. Conducting online hearings depends on current legislation, the nature of the case, and the decision of the judge in charge.
In some situations, such as conciliation and evidentiary hearings, the parties may request that the session be held in person, especially if there is a need to examine physical evidence or testimonies that require greater control.
Furthermore, in criminal proceedings or cases involving the vulnerability of the parties, the judge may order the trial to be held in person to ensure the best possible trial.
However, when a virtual hearing is ordered by the court and there is no valid justification for absence, the parties must attend under penalty of possible sanctions.
Is it possible to watch the hearing online?
Unless the proceedings are being held in secret, hearings can be watched online. This means that family members or third parties, even those unrelated to the parties involved in the proceedings, can attend virtual hearings. And especially Law students, as most courses require this for approval.
How do I participate in an online hearing?
There’s no mystery to participating in an online hearing, as the process is similar to participating in a live stream or even online classes.
To participate in an online hearing, simply access the link sent by the court, usually via email or through the electronic process system, using platforms such as Zoom or Microsoft Teams.
Some courts also provide access links upon request. For more information, consult the website of the court responsible for the hearing.
An electronic device and a good internet connection are essential tools.
From there, participants typically register and provide their email address to receive the link that will grant them access to the hearing on the scheduled date and time. It is also advisable to maintain certain postures to participate in the hearing, such as:
- Don’t be late to enter the link;
- Check if the internet is fully functioning;
- When choosing a computer, test the camera and microphone first;
- If you use a cell phone, make sure it is in a fixed location and fully charged;
- Look for a quiet environment;
- Wear formal clothes;
- Maintain an upright posture and focus on the audience;
- Keep your microphone muted if you don’t speak during the meeting.
How long does a virtual court hearing last?
Virtual hearings vary greatly in length, but generally take less time than in-person hearings. However, they can last a few hours. In short, the complexity of the case, the number of people involved, and other factors will determine how long it will take. Furthermore, the case won’t always be resolved in a single virtual session.
Online hearings are more than a trend. They’re a necessity given the current demands for agility and ease of work in all fields, including law. Furthermore, they can be achieved using tools everyone has at their disposal today, such as the internet and electronic devices. Just be mindful of how to behave in this new environment.
Conclusion
Online hearings represent a significant advancement in the judicial system, bringing greater agility, accessibility, and cost reduction for lawyers and parties involved. However, it’s essential to be well prepared, ensure a good connection, and follow all court guidelines for an effective process.