In 2020, the coronavirus pandemic introduced Americans to many changes. One of them was adopting virtual hearings in court.
When the pandemic forced the closure of many businesses and practically all government offices, court systems began evaluating the elevated use of virtual hearings. Until this point, the overwhelming majority of civil and criminal court cases were in-person proceedings.
Naturally, there are many questions about virtual hearings, so we’ll attempt to answer the most pressing ones. First, there are differences in court proceedings. For example, preliminary hearings and trials may be handled differently. Trials dealt with and decided by a single judge differ from those requiring a pool of 12 jurors.
Remember, all 50 states and the federal government establish procedures for handling court cases in their respective jurisdictions. Therefore, you need to confirm if and how the court system in your community uses virtual hearings online.
This article is simply an overview of the process and is not intended to provide legal advice.
In this article, you’ll learn how:
- Virtual court hearings are conducted, including the technology used and how judges manage them. Legal rules that determine whether online hearings are valid in federal and state courts.
- How to prepare for and participate in a remote hearing while maintaining proper courtroom etiquette.
- Certified legal transcripts are essential for virtual proceedings and how services like Ditto Transcripts can help by providing accurate, timely transcripts prepared professionally and with the highest quality.
What Is a Virtual Court Hearing?
A virtual hearing is when all relevant parties to a legal case appear over one or more phone lines or via video conferencing instead of appearing in person for a court hearing. Many judges have conducted some proceedings via phone calls for several years. Most of these conversations addressed preliminary or status issues. Courts held few, if any, trials virtually.
Today, courts in most states are hearing actual court proceedings over video conferencing platforms such as Zoom. The judge controls how and when each party can participate in the hearing or trial.
Like in-person hearings, all legal matters requiring a court reporter or legal transcription service are recorded and available for review.
Are Online Court Hearings Legal?
Court hearings are legal if approved by the governing body that oversees the courts in a particular jurisdiction. The United States Constitution states that anyone charged with a crime and tried in the U.S. has the right to be heard by a jury of their peers. How the jury hears the case is evolving.
When government authorities temporarily halted court proceedings during the COVID-19 pandemic, court administrators began to evaluate how to proceed with court action.
On March 27, 2020, U.S. President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This legislation addressed several issues brought about by the pandemic, including how the federal court system handled cases.
On March 29, 2020, the United States Judicial Conference granted the chief judge in each federal jurisdiction the right to allow video teleconferencing. Almost every state court also addressed the issue.
How Do Virtual Court Hearings Work?
When a court or judge decides to hold a virtual hearing, they will notify the respective attorneys and parties to the case. The office of the court clerk is typically responsible for notifying the parties.
Advancements in technology allow participants to easily participate in remote hearings via video conferences such as Google Meet, Microsoft Teams, and Zoom. Zoom is by far the most popular video platform. Nevertheless, opting for Microsoft Teams on a laptop or cell phone offers a practical, effortless solution.
An informal poll of judges in May of 2020 by The National Judicial College showed that of the 702 respondents, 48% of judges preferred Zoom, with WebEx a distant second with 25 percent. According to the 2021 LTN Law Firm Tech Survey, 59% of law firm tech executives reported that their firms had adopted Microsoft Teams to enhance efficiency, productivity, collaboration, and video conferencing.
Zoom’s popularity among court officers is partly due to its ease of use, features such as the “waiting room,” the ability to record, and virtual break-out rooms for confidential discussions.
How Do I Participate In a Virtual Hearing?
Participating in a virtual legal hearing is relatively simple. Since Zoom is widely used for virtual legal hearings, let’s use it as an example. Below are the tools and knowledge needed to participate in a virtual court hearing:
- Access to video conferencing software or app
- Reliable & secure internet connection
- Valid phone number & email account
- Updated computer or tablet
- Ability to use & operate technology
- Private space in the home or office
Using Zoom For a Court Hearing
First, you’ll need to install the Zoom app on your smartphone or tablet or download the program on a laptop or desktop computer. Installation is relatively simple so follow the directions. You’ll also be required to establish an account with whatever platform you use, which requires an active email account.
Next, make sure you have a strong cellular or WiFi signal. The best method is to access a private WiFi connection. Accessing a public WiFi system isn’t recommended for security reasons, and performance may be suboptimal. Using a smartphone, you can access the hearing via a cellular phone signal. Make certain the signal is strong and that you remain in a stationary position throughout the hearing.
Many judges have banned or highly discouraged anyone on the call from participating while driving.
Once you have downloaded or installed the app, it’s recommended that you acquaint yourself with the app’s features by completing a practice call with a friend or family member. That way, you’ll know what to expect the first time you appear at your virtual hearing.
Setting Up For Your Remote Hearing
Before your virtual court hearing, you will receive a link or phone number to access the hearing. Like any legal proceeding, failure to appear at a virtual hearing is the same as failing to appear in person. To ensure ample notice before any proceeding, install an audio or video conferencing platform and familiarize yourself with its use.
Most judges will place all the participants in a “waiting room” until they are needed. Like in court, the judge may confer with the respective attorneys first to clarify exactly what will be discussed during the virtual court proceeding.
Remember: all participants, from attorneys to defendants, witnesses, or whoever is participating, must observe and follow the same rules as if they were physically in court. Often, judges will mute participants until their verbal response is required.
It’s also important that everyone can hear you clearly. Most computers and smartphones have decent to good microphones. However, using earphones or a high-quality microphone will enhance audio quality.
You must dress and appear the same as if you are physically attending a legal proceeding. Keep in mind that you may be virtually sworn in. If so, any testimony or response given must be truthful and to the point. Judges still maintain the right to hold participants in contempt for not following rules or potentially charging someone with perjury if they provide false testimony.
Ordering transcripts for your virtual hearings
Finally, if you are represented by an attorney or requested to appear at a virtual legal proceeding by an attorney, they can advise you on whatever platform is used. You or your attorney will be able to order your court transcripts the same as if you were in court in person and have them available to review. Getting your court transcripts for a virtual court hearing is just as important as if you were in a traditional court hearing. The same will be required for any deposition transcripts for remote depositions. You’ll still be required to get them if you want to have the best representation possible for your case.
Benefits of Using a Legal Transcription Company Like Ditto Transcripts
In the legal profession, every second counts. When preparing for a legal proceeding, professionals must have ready access to resources such as transcripts as quickly as possible.
In a trial, there’s usually a court reporter seated near the witness stand who types on a stenograph machine everything said or that happens during the court proceeding. These court reporters typically undergo two or three years of schooling to acquire the skills and certification needed for the job. They are also the ones who compile all recorded information and produce a transcript that can be reviewed by all parties.
However, court reporters are not always physically available, especially in virtual meetings. During cases like this, the transcript is obtained from the video conference platform used, which can be highly inaccurate.
Hiring court reporters can be expensive, at $150 per hour. In contrast, legal transcription companies like Ditto offer the same job with the same quality, but 25-50% less expensive.
| Feature | Ditto Transcripts | Court Reporting Services |
| Valid for Legal Use (Certified) | Yes | Yes |
| U.S.-Based Professionals | Yes | Yes |
| Turnover rate | Within a few hours to days, depending on the audio length. | ~30 days for written legal transcripts |
| Cost | Standard cost is $1.75 per audio minute | At least $150 per hour |
Our legal transcription pricing starts at a standard rate of $1.75 per audio minute – far less than Court Reporting Services, without compromising on quality. Our transcripts are legally admissible, and our TAT is significantly faster.
There are other companies in the transcription industry, but we dance circles around them. Out of our biggest competitors, only Ditto can certify transcripts and comply with all security measures, ensuring that your data is legally admissible and free from breach. The best part? We offer our services at a competitive rate that doesn’t break the bank.
Verbatim transcription is optional, and our easy-to-use calculator allows users to estimate and reduce the price they will incur.
Ditto Transcripts’ services are proven and tested. Our client testimonials will tell you everything you need to know about us.
Why Are Streaming Court Hearings Necessary?
Judges most always prefer to conduct hearings or trials in person. Each judicial entity has established rules of procedure, and they are almost always followed to the letter of the law. Judges can elect to hold virtual hearings when it’s impossible or impractical to conduct in-person legal proceedings.
Depending on the location of the proceeding, various safety procedures are implemented to protect everyone. Social distancing precautions taken to protect everyone during the country’s most recent pandemic have increased virtual court hearings.
Have Online Court Hearings Impacted Jury Trials?
Today, most virtual court hearings involve preliminary matters or small cases. While some jury trials have been conducted virtually, most judges and courts have elected to postpone or continue such trials until later.
Can a jury trial be held virtually? The answer is yes, but things can get a bit tricky.
A major obstacle is making sure all jurors have access to the proper technology. Maricopa County, Arizona, polled 32,000 potential jurors regarding their ability to access the internet. They also asked if potential jurors had access to the proper technology.
- 33 percent said they didn’t have access to an interruption-free home space
- 24 percent responded that they lacked the physical ability to sit through a virtual trial
- 19 percent lacked private space at home
- 11 percent lacked access to a reliable internet service
- 10 percent didn’t have access to an electronic device with a camera
A Texas judge who has held over 120 virtual trials indicated that virtual jurors seemed more engaged in trials and asked more appropriate questions. However, most judges and court administrators agree that a major stumbling block to virtual trials is the lack of access to proper and secure technology and the knowledge and ability to use such technology.
Conclusion
There is little doubt that court systems will increase the number of virtual court proceedings as technology and the ability to use it advances.
Once social-distancing recommendations allow courts to reopen, expect the number of in-person trials to increase for the foreseeable future. Nonetheless, virtual court hearings are most likely here to stay.
Ditto Transcripts is a Denver, Colorado-based transcription company that provides fast, accurate, and affordable transcription services for individuals and companies of all sizes. Call (720) 287-3710 today for a free quote.