Tips for Testifying in a Virtual/Remote Hearing

COVID-19 has affected nearly every aspect of our lives. It has also impacted the court system.

Although the courts are slowly resuming regular schedules as Virginia’s judicial emergency is gradually being lifted, most hearings are being held virtually at this time.

If you have to testify in a virtual court case, whether as a party or as a witness, here are a few tips to keep in mind:

  1. Practice. Have a practice session (or two) before the day of the hearing. Test your connectivity during the practice sessions, and again the morning of the hearing.  Be sure to join the hearing at least 15 minutes prior to your scheduled time in case updates need to be performed before connection can occur.
  1. Surroundings. Select a stationary location and refrain from walking, driving or engaging in other activities while participating in the hearing.  If you are attending the hearing from home, find a quiet room with minimal distractions. Position the camera so it is above you, not below you, with the light coming from the front.  Set yourself up so that your background has very simple (organized) décor (such as a table with a single vase) or a blank wall.
  1. Audio. To minimize echo and feedback, audio can be connected through your phone. During the hearing, audio should be muted unless you are required to speak.
  1. Attire. It is important to remember that although you may be attending remote hearings from the comfort of your home, it is no less formal than a courtroom. All protocols are still observed and proper courtroom attire should be worn. (This includes pants!)
  1. Be courteous. Not only should you dress as if you are physically present in the courtroom, but you should also behave as if you are in the courtroom.  This means that you should not use your phone, chew gum, eat, converse with others, get up and walk around, etc.  When it is your turn, speak slowly and clearly.  Do not interrupt others when they are speaking (especially the Judge).
  1. Eliminate the possibility of interruptions. Put your phone on silent mode during the hearing.  If others are present in your home, tell them to remain outside of the room, and warn them not to walk behind you or try to converse with you while you are “live” with the court.  If you have pets, make sure they are located in another area and unable to cause interruptions during your appearance.
  1. Be careful what you say (type)! If the chat feature is selected, remember that messaging is not private. Only use the chat feature if you are instructed to do so.
  1. Bring your patience. Technology is not perfect, and there will always be glitches. Remote hearings are expected to take longer than those being held in-person because of connectivity issues and delays with video and audio. It is a learning process for everyone, including the judges and attorneys.
  1. Look at the Bright Side! Even though remote hearings take a little more time and are often with technology issues, there are bright sides.  You are saving on parking fees, eliminating your travel time to the courthouse, and avoiding long security lines.