RDF Guide to Virtual Court Appearances

Most courts are more flexible than they were before the pandemic, with some options for virtual hearings via apps like Zoom. With this, however, it’s important to note that even though these virtual hearings take place from the comfort of your own home, the court still expects you to be professional and respectful. That is why we have put together a guide to virtual hearings, with tips and tricks to make sure you present your best self to the court, virtually.

Video Appearances

1. Connection

Make sure that you are in a quiet place with a strong WIFI connection. If possible, try and use a desktop or laptop computer. For virtual court, you will need a working webcam and audio.

2. Smile, you’re on camera

Virtual court usually means that you are on video. Not only are you on the appearance with your attorney, but the Judge, prosecutor, and court clerk will also see you.

3. Make sure they can see you

The room should be well lit. Make sure that you have enough light and keep in mind that too much natural sunlight can cause a glare.

4. Sit still

Try and sit in one place with your device on a level surface in front of you and angle your camera so that your entire face is visible. This does mean that you are so close to the camera that all we see is your face!  Consider when you were taking a class portrait for school with your upper body and shoulders in the shot – that’s the perfect way to present.

5. Your background

Your background should be as neutral as possible. Although a neon alien poster in the background won’t necessarily undo your proceeding, it’s important to keep in mind that anything you visually put in front of the Judge can impact how you are perceived. Opt for neutral-colored backgrounds, and if possible, an empty wall, neutral portraits or photographs or a bookcase etc.

6. Appearance

Dress for this appearance exactly as you would for court. While you can probably get away with wearing pajama bottoms, we don’t recommend it – just in case you suddenly need to stand up during the hearing. You never know!

7. Find a quiet place

Ask family or roommates to give you space and quiet. Make sure that nobody else will be making noise or walking behind you in the background. This includes pets!

8. Your device

If you’re using a laptop, make sure that it is sufficiently charged or plugged in to a power source.

9. Documents

Have a copy of your relevant documents (plea paperwork, etc) in front of you in case the Judge has questions about specific portions. Some Judges reference particular parts of your plea documents to ensure you’ve reviewed the documents before signing them.  And remember that the Judge can see you and will know if you are in fact referencing the documents.

10. Speaking clearly

Speak clearly so that everything you say will be caught in the recording and become part of the audio “court record.”

11. Don’t interrupt

Sometimes you are on a docket with other people who are also resolving their cases. If your case is not the one being currently handled by the Judge, mute your microphone so no sounds or white noise from your end interfere with the audio.  It is also ok to mute your webcam until your case is called so that you are not visually on screen during somebody else’s case.

12. Confidentiality

Keep in mind that when you are on virtual court, that you will NOT be able to speak with your attorney privately. Make sure to ask all of your questions during the pre-court telephone call with your attorney.

13. Chatting

There may be a “chat” function in the virtual court system. This chat box is NOT private or subject to attorney-client privilege.  Do not type out questions or comments to your attorney in this box.  Anybody on the call, including the prosecutor, will see what you type here.

14. After court follow up

Your attorney will also follow up with you after the hearing with a separate telephone call to ensure that everything came through clearly and to walk through your next steps. After court, check your email for the signed Judge’s Order and referral paperwork from the court. This will often include your deadlines as well as the specific conditions of your diversion or probation.  Note that some courts are delayed in uploading the signed paperwork, so this could take several days.

15. Be prepared

Ultimately, different court systems are moving forward with these procedures in different ways. Make sure that, going into your virtual court appearance, that you have spoken with your attorney or legal assistant about any technological issues you may be having or questions that arise.

Make sure to visit our Client Guide, for more useful information on court procedures and FAQ‘s.