To ensure safety during the pandemic, trials are now being conducted through videoconferences. This is a guide on how witnesses should prepare for their online hearings and how they should conduct themselves before the Court during these videoconferences.
Before Trial:
- Ascertain the date of your hearing and mark them in your calendars.
- Read the relevant pleadings, judicial affidavits and/or attached exhibits. Have them ready during the hearing either in printed form or as an accessible document in your computer or in the device that you will be using for the videoconference.
- The trial is conducted through Microsoft Teams. Make sure you have the application installed in your computer/devices. (Check separate Facebook post on how to use and access Microsoft Teams)
- Check your email before or on the day of trial for the invitation for videoconferencing sent by the Court.
- Make sure you have a stable Wi-fi connection.
- Meet with your official Attorney for the Witness’s Briefing at least 2-3 days before the hearing. The Attorney will orient you on how the hearing will be conducted and will give instructions as to what to do during trial. The Briefing is also done for purposes of testing the quality of your Wi-Fi connection and to check on other technical matters. For Lepiten and Bojos Law Offices’ clients, they will be given an exclusive guide that will detail the procedure conducted during the actual trial.
- Make sure that the device you will be using for the videoconference is stable. The video shouldn’t be shaky during the hearing and it should be able to capture a good view of your face.
- Make sure your background is clean and presentable and that you will not be disturbed by any person (or animals, dogs, etc) during the duration of the hearing.9. Prepare your formal attire for trial. Do not wear anything that will scandalize the Court.
During Trial:
- Enter the videoconference 10 minutes before the designated time.
- Your video should be on mute (which means turning off your device’s microphone) when you enter the videoconference and you should remain on mute throughout the trial. The only time you will unmute your video (or turn on your microphone) is when you will be called for examination.
- Do not speak unless you are spoken to by the Judge or by the examining counsel. Refer to the Judge as “Your Honor.”
- During cross-examination, allow the opposing counsel to finish their question before answering. Listen carefully to the question and respond to what is being asked. Make sure your answers are simple and easily understood. Answer directly to the question asked.
- When technical or legal words are used by the opposing counsel during cross-examination and you do not understand the question properly, ask them to further elaborate or explain.
- Remember that the purpose of the examination of the witness is to ascertain the truth. Speak only of what you personally know and what you are certain of. Do not answer or guess if you are not sure of the answer to a specific question.
- Take note that the examination is being recorded. Be careful in stating facts and do not mention any unnecessary statements.
- Do not leave the videoconference until the request by your Attorney for permission to leave has been granted by the Judge.
Post Trial:
- After leaving the videoconference, your Official Attorney will call you for your post trial briefing.
- The Official Attorney and the client will evaluate the conduct of the trial. They will discuss certain points that occurred during trial as well as the schedule for the next hearing and/or the deadlines for the filing of pleadings or motions.
- The Official Attorney will inform the client as to the payment of any Court fees like filing fees, commissioner’s fees, and costs for stenographic notes.