2020 Guide to Remote Court Hearings

Helpful Tips to Understand Remote Court Hearings in the

Massachusetts Trial Court

Hon. Shannon Frison Michael H. Hayden, Esq. Sheriece M. Perry, Esq.

Jeffrey N. Catalano, Esq. Jose Lopez, Esq. Damian J. Turco, Esq.
Julie E. Green, Esq.
What we’ll cover in this program:

1.What is a remote hearing?

2.How are remote hearings like in-person hearings in the courthouse?
3.How are remote hearings different than in-person hearings at the courthouse?
4.How are remote hearings scheduled?
5.What equipment and software is needed?
6.Preparing to be a part of a remote hearing.
7.What to expect during a remote hearing.
8.What to expect after a remote hearing.
What is a remote hearing?

A remote hearing is like a hearing in

 

court, but it is done by telephone or

videoconference and no one has to go
to court. Zoom is an example of
videoconferencing.
 
A judge leads the hearing. The parties
and attorneys follow the judge’s
directions.

“The parties” are the different sides of a

case. Examples of parties include the
parents of a child in a child support
case, the spouses in a divorce case, or
the landlord and tenant in an eviction
case.
What is a remote hearing?

 
Everyone who must attend a
hearing in court must participate
in a remote hearing once it is
scheduled by the court.
 
The court will let you know if
your remote hearing will be by
telephone or videoconferencing.
How are remote hearings like hearings in the courthouse?

The judge leads the remote hearing. A courtroom clerk helps the judge.
 

When the remote hearing begins, the clerk will let everyone know when it is
their turn to talk. The judge will then explain what will happen in the
hearing.
How are remote hearings like hearings in the courthouse?

You should dress as if you are going to court.

 

When it is your turn to speak, always talk slowly and clearly, and be respectful.
 

Do not speak when others are talking because the hearing is being recorded.
 
How are remote hearings like hearings in the courthouse?

All remote hearings

 

are recorded.
The recording is saved
 

using the court’s “For

The Record” system
(FTR).
How are remote hearings different than hearings at the courthouse?

Instead of going to the

 

courthouse for your hearing,

you will participate by
telephone or
videoconference.
Zoom is the videoconference
 

program used in
Massachusetts state courts.
You do not have to stand at
 

the beginning or end of the

hearing. Please follow all
courtroom rules.
How are remote hearings different than hearings at the courthouse?

The parties should keep their

 

electronic devices on mute

until it is their time to speak.
When it is a party’s turn to
 

speak, the party can unmute

their electronic device to
speak. After parties are done
speaking, they should mute
their electronic devices again.

It is important that parties

 

speak one person at a time.

How are remote hearings different than hearings at the courthouse?

Parties should state their name each time they speak. For example, “Your Honor, my name
 

is John Johnson.”
This is important because it will let the judge know who is speaking. This will also make it
 

clear who said what in the audio recording of the hearing.

If you are an attorney, be sure to introduce yourself and state who you represent. For
 

example, “Your Honor, Attorney Muñoz for Mark Smith. May I be heard on this point?”
JOSE How are remote hearings scheduled?

Court staff is currently figuring out

 

which cases should be scheduled for

a remote hearing. Those cases are
being scheduled for a hearing by
phone or videoconference.
For the most up-to-date information
 

about how your cases may be

scheduled, review the most recent
Standing Orders discussing remote /
virtual hearings.

https://www.mass.gov/guides/court-
system-response-to-covid-19
JOSE What equipment is needed to participate in a telephone remote hearing?

A telephone (landline or cellular phone) is required to participate in a telephonic

 

hearing. No additional software is necessary.

JOSE What equipment is needed to participate in a Zoom remote hearing?

Either a computer, tablet, or smartphone with a good or strong internet

 

connection is required to participate in a videoconference hearing.

The computer, tablet, or smartphone must have a front-facing camera and a
 

microphone.
JOSE What software is needed to participate in a Zoom remote hearing?

To attend a Zoom meeting,

you must have a web
browser on your computer,
tablet, or smart phone. Some Zoom.us/pricing
examples of web browsers
are Internet Explorer, Firefox,
Chrome and Safari. You do
not need to have an account
with Zoom.
If you would like to set up an
account, you can go to
zoom.us or download the
Zoom phone app. Both of
these options are free.
Preparing to participate in a remote hearing: Location Set-Up

Before your remote hearing,

 

find a quiet space where you

will sit during the remote
hearing. This could be at a
table or desk.
Make sure you have all your
 

documents next to you.

For videoconferences, choose a
 

blank wall, if possible. Do not

use a Zoom background
because it can be distracting.
Preparing to participate in a remote hearing: Case File & Exhibits

If you have files on your

 

computer that you would like to

provide to the court, make sure
they are organized on the
computer and easy to find.

Documents and other files you

 

want to show the court in support

of your case will be referred to as
Exhibits and should be given to
the court and the other party
before the remote hearing.
Preparing to participate in a remote hearing: Exhibits

One way to organize your

 

documents and other files is to

create a folder on your
computer with all the exhibits
you may want to share. When it
is your turn to present your
files, this will allow you to share
from one main location on your
computer.
This will keep you from
 

accidently sharing other items

on your computer.
Preparing to participate in a remote hearing: Exhibits

Videoconferences allow you to share

 

your computer screen with other

people in the remote hearing.
If you plan on sharing your screen,
 

practice Zoom’s screen sharing feature

before the remote hearing.
Remember if you do share your screen
 

during the hearing, everything on your

computer screen can be seen when
you hit the “screen share” button.
Make sure to close any documents,
 

pictures, websites or anything else you

do not want others to see.
Preparing to participate in a remote hearing: Zoom Account Profile

For Zoom videoconference

 

hearings, if you have an account,

make sure you set it up with your
first and last name.
This makes is easy for the judge
 

and clerk to identify each person

in the videoconference.
Preparing to participate in a remote hearing: Interpreters

If you need an interpreter to

 

participate in a remote hearing,

please let the court and the other
party in your case know
immediately. Interpreters are
provided by the court for free.
 
More information can be found at:
 
https://www.mass.gov/orgs/office-
of-court-interpreter-services
Preparing to participate in a remote hearing: Accommodations & Services

If you have a disability and need

 

an accommodation, or other
technical support to participate in
a remote hearing, please tell the
court and other party in your case
immediately.
More ADA information and
 

courthouse contacts can be found

at:
 
https://Mass.gov/ada-accessibility-
at-the-courts
Preparing to participate in a remote hearing: Court Service Centers

Court Service Centers are available

 

to help people who do not have an

attorney representing them.
The Court Service Centers can help
 

with many court forms and

explaining court rules. If you need
assistance, please contact your local
Court Service Center for help.
 
Find information at this page:
 
https://www.mass.gov/info-details/l
earn-about-court-service-centers
Preparing to participate in a remote hearing: Trial Court Hotline

The Trial Court has established a Help

 

Line that the public can call to ask

general questions about their civil and
criminal cases and help them navigate
the court system.
The Help Line will be staffed from 8:30
 

a.m. to 4:30 p.m., Monday through

Friday, and can be reached by calling:
(833) 91COURT (912-6878)
 

Find information at this page:

 

https://www.mass.gov/info-details/ge
 

t-general-court-information-through-
the-trial-court-help-line
Preparing to participate in a remote hearing: Avoiding Technical Issues

Test your internet connection before

 

your hearing.
Mute your computer, tablet, or
 

smartphone when not speaking.

Close other programs running on your
 

device when you are speaking.

Test Zoom by videoconferencing a
 

friend or family member.

Calling in to the Court for Telephonic Hearing

If you have a telephone hearing and are

 

provided a conference call number, join

the call a few minutes before your
scheduled time.
Do not join the call at any other time as
 

you may accidently join during someone

else’s hearing.
If your telephone hearing requires the
 

court to call you during a specific time,

make sure you keep your phone
available and are ready for the call.
Joining a Videoconference Remote Hearing with Zoom

If you have a videoconference hearing

 

through Zoom, follow the court’s instructions

on how to join the meeting.
Join the meeting a few minutes early. This
 

will place you in a Zoom waiting room until

the court lets you into the hearing.
Remember to turn your video on and make
sure you check that your sound works, then
place your device on mute.
Joining a remote hearing: Avoiding Technical Issues

If you get disconnected from a

 

telephone hearing, call back

immediately to rejoin the hearing.
If you get disconnected from a
 

videoconference hearing, log back into

the Zoom meeting immediately.
If you have a Zoom account, make
 

sure you have your username and

password nearby in case you are
disconnected from the hearing.
What to expect during a remote hearing: Break Out Rooms

Zoom meeting has a feature

 

called Breakout Rooms. Breakout

Rooms are used to put people
together in a private section while
still being a part of Zoom.
The courts may use Breakout
 

Rooms for private discussions

between an attorney and a client
or a party and the interpreter.
The judge will not be part of the
Breakout Room.
The clerk will set up the Breakout
 

Room.
What to expect during a remote hearing.

Pay close attention during telephone and videoconference hearings. The

 

judge may want to ask you a question before or after you are done
presenting your case.

Be sure to pause and take breaks while you are speaking. Be respectful and
 

cooperative.
What to expect during a remote hearing.

Remember to always identify yourself

 

before you speak.

If there is an interpreter, take many
 

breaks between sentences to allow

the interpreter to interpret.
Be patient.
 

Be aware that the remote hearing is

 

live and open to the public. If you are

not muted, everything you say will be
heard by those listening and will also
be saved on the court’s audio
recording.
JOSE What to expect after a remote hearing.

At the end of your hearing, the judge may make a

 

decision right away and will explain the decision made

before the hearing ends.
Or at the end of your hearing, the judge may decide
 

more time is necessary to make a decision and may

instead take the case “under advisement.” This means
that you will have to wait to get the decision from the
judge.
The court will always mail a written copy of the court’s
 

decision.
The judge will also let you know during the hearing or
 

in the written court order any steps that need to be

taken after the hearing.
2020 Guide to Remote Court Hearings

Thank you!