List of Considerations for Zoom Court Appearance

The following is a list of things we encourage litigants to keep in mind prior to a Zoom court appearance. This list is for guidance only and is not exhaustive. The directions of the presiding judge should always be followed.

• A litigant's role - Your lawyer, if any, will speak with the judge on your behalf. Please remain silent throughout the proceeding unless the judge or your lawyer speaks to you. If you address a judge in the Superior Court of Justice, call the judge “Your Honour”, “Mister/Madam Justice (last name)”. If you are called to speak, speak slowly and clearly. Be sure to say your name before you start speaking. While speaking, look into your camera lens. This gives the other participants direct eye contact with you. Do not look at the person to whom you are speaking.
• Communicating with your lawyer - If you need to tell you lawyer something while court is in session, e-mail your comment(s) to them. Please do not try and get their attention as this is distracting to the judge.
• Setting - Find an appropriate space to conduct the video conference. Do your best to participate from a private, quiet space. Find a space that also has good lighting and a neutral background.
• Your technology - Before the hearing, familiarize yourself with your microphone, camera and speakers. Ensure that your phone, computer or device is plugged in or that the necessary charger is handy. If you have one, consider using an external microphone. This may pick your voice up more clearly than the microphone built into your device. To the extent possible, reduce the number of other devices using your Internet connection during the hearing. Also, close any applications that you are not using during the hearing.
• Test in advance – Please be sure to test your technology well in advance of the video conference and from the place where you plan to participate. This will assist in determining whether your setup is sufficient indicate whether your Internet connection is strong enough in that location.
• Your screen name - Your screen name should be your given name and surname. Please note that all participants on the call, including the presiding judge, can see your screen name.
• Arrive early – Log in at least 15 minutes before the scheduled start time. This will also give you an opportunity to address last-minute technical issues. There will likely be a virtual waiting room, and you will be let into the hearing when appropriate.
• Dress code – Please dress in appropriate business attire.
• Recording – Unless permission is given by the court, it is an offence under s. 136 of the Courts of Justice Act, R.S.O. 1990, c. C.43, punishable by a fine of not more than $25,000 or imprisonment of up to six months, or both, to record any part of the hearing, including by way of screenshot/capture and photograph, as well as to publish, broadcast, reproduce or disseminate any such recording.
• No children – Ensure that there are no children present or can overhear the court appearance.
• Conduct when not speaking – When are you are not speaking, your microphone should be muted. This reduces echo and background noise. If court is on recess, be sure to mute your microphone as well.
• Notifications – During the video conference, mute notifications on your computer/device.
• Do not interrupt – During the video conference, you are strongly discouraged from interrupting lawyers, judges or any party who is called to speak.