How to Host a Virtual Trial

The outbreak of COVID-19 and subsequent worldwide lockdown has driven many governments, businesses, and institutions to get their work done remotely. This is especially true of legal systems around the world who are now realizing that virtual trials/hearings and courtroom technologies are much needed. As Slaw said, "there is reason to believe that this moment may well mark the start of a shift toward increased use of virtual hearings in the longer term." In this post, we will answer the following common questions:

1. What is a virtual trial?
2. What is the difference between a virtual trial, an eTrial, and an electronic trial?
3. What software do you need for a virtual trial?
4. How do you host a virtual trial?

What is a virtual trial?

A virtual trial or hearing is a legal proceeding that takes place via teleconference or, increasingly, video conference. All participants, including the parties, judge, and court registrars and clerks, participate in the same way they would in a traditional trial, with the primary (and sometimes only) difference being that they are in different locations.

Virtual trials and hearings can take place over Zoom, Microsoft Teams (here are some tips), Skype, GoToMeeting, or any other video conferencing software that is allowed by the court. Malaysian courts have even live streamed virtual trials.

The parties to a virtual trial often prefer to use eTrial or eCourt software when conducting virtual trials as it allows for the simple and effective management of electronic evidence by all parties and participants of the proceedings. eTrial software should have specific roles for the parties, judge, and court administrators, among other features.

What is the difference between a virtual trial, an eTrial, and an electronic trial?

Virtual trials or hearings are court proceedings that take place via phone or video conference. eTrials (or electronic trials), on the other hand, can be virtual or in-court, and are court proceedings that use trial presentation software. Virtual trials can be traditional trials or eTrials, although virtual trials are much more seamless and effective when managed with eTrial or eCourt software.

What software or technology do you need for a virtual trial?

There are many ways to host successful virtual trials, but they work best with these essential technologies:

1. Video conferencing software. Virtual trials work best when all participants use video. Srini Koushik, CTO for Magellan Health says, "Participants are less apt to 'zone out' or multitask, as they might on an audioconference, and instead maintain 'virtual eye contact.' The result, says Koushik, are superior levels 'of closeness and engagement.' "
2. Webcams (with high-quality video and audio) for each participant. Most laptops have built-in cameras and microphones, but if any participants have low quality video or scratchy audio, the effectiveness of the proceedings will be affected and the virtual trial will be less pleasant for all.
3. Strong internet connections for all participants. Just like #2, a fast and consistent internet connection is vital for ensuring all participants can be seen and heard by the court.
4. eTrial presentation software. eTrial software allows for the effective and seamless management of all trial documentation and evidence. Exhibits, transcripts, case law, and more can be uploaded, connected, and presented to the court. Parties can make private notes on evidence, then share it with the court when the time is right. Furthermore, since virtual trials rely on the same volume of evidence as traditional trials, but take place in home offices or remote work locations, the parties, judge, and court administrators may be required to download and print all exhibits at home. This is costly and time-consuming in traditional trials, and may be downright impossible in a virtual trial situation. eTrial software drastically increases the quality and efficiency of virtual trials.

How do you host a virtual trial or hearing?

Hosting a virtual trial is much like hosting a traditional trial. The following steps are recommended by the American Arbitration Association:

Preparing for the virtual trial

1. At least one week before the hearing, have a trial run with the panel, representatives and any technical support people to verify their connectivity and get them familiar with some basic features of Zoom
2. If there are any technical issues with the panelists’ equipment, take steps to get them resolved or decide whether the hearing can proceed virtually
3. Send the hearing invitation to the necessary participants
4. Document and communicate any ground rules in advance (for example: how will document display be managed? Will the hearing be recorded?)

Hosting the virtual trial

1. Show up early
2. Verify participants and their connectivity
3. The hearing host should use the Security Option feature on the control panel to manage settings during the hearing for items such as the waiting room, screen sharing, chat, and locking the meeting
4. The hearing moderator/host should keep the participant list open
5. Restate the pre-established ground rules
6. Participants should state their names before speaking so other participants can easily identify the speaker

For more information on hosting virtual trials or hearings, read the detailed AAA recommendations and/or get a demo of eTrialToolkit.