Remote Court Hearings In Coronavirus Disease 2019 (COVID-19) Landscape: Proposed Rules Of Engagement

Remote Court Hearings In Coronavirus Disease 2019 (COVID-19) Landscape: Proposed Rules Of Engagement | Copyright © 2020 By Raphael Christopher

Oxford University Standard for Citation of Legal Authorities (OSCOLA) citation: Raphael Christopher, ‘Remote Court Hearings In Coronavirus Disease 2019 (COVID-19) Landscape: Proposed Rules Of Engagement’ (2020) Nigerian Legal Research Articles <https://nigerianlawyersdirectory.com/research/remote-hearings-in-coronavirus-disease-2019-convid-19-landscape-proposed-rules-of-engagement/> (date of access)

Uncharted waters. Everything feels different, strange and unfamiliar. Welcome to coronavirus disease 2019 (COVID-19) landscape; but whatever its unfamiliarity, the very essential administration of justice has to go on.

Remote hearing is one method by which the administration of justice can continue to function. But, what principles should the court, the advocate, and witnesses observe in remote hearings?

I propose the following ten principles to guide the advocate and the court in these remote hearings.

1. Be mindful of your professional duties and obligations at all times. The fact that the hearings are remote does not relieve you of your duties to the court and to uphold to the utmost your professional obligations and duties, as enshrined in the various enactments. It would be useful for you to re-familiarise yourself with these rules again.

2. Do familiarise yourself with the relevant rules of the court you are appearing in. Every court has its rules of procedure. The rules are there because they work best in helping the court discharge its obligations and render justice to parties and uphold the confidence of the public in the proper administration of Justice.

3. Cooperate with the other side (party) to agree on procedural matters, including but not limited to such things as the timings, the bundle of papers, and what hardware or software equipment are to be used and do a test run, if possible, to iron out any teething problems. Agree on a speaking protocol: Who speaks first and how everyone can know who is speaking, etc.

4. Make sure you familiarise yourself with the software and hardware requirements of the court. You need to ensure you know how to use the equipment properly. You need to know your cameras, that you can be seen and you can see others, what buttons to press to speak, how to operate the microphone and the camera, and what to do when you encounter difficulties. It would be sensible to consider engaging a professional information technology (IT) firm, if possible, to ensure your firm is able and has the ability to use the court’s agreed software and hardware protocols and ensure security and confidentiality. If your firm is unable to afford such services, perhaps you can come together with other firms in similar position and collectively you can afford to engage the IT firm as a group. Another option is for you to access the court through another law firm that is already IT-compliant or use industry-standard software.

5. Make sure everyone’s contact details (e.g. addresses, email details, and mobile telephone numbers), availability, and access times are agreed and readily available, and your location is suitable and secure. If for any reason, a problem occurs in the hearing or the power goes down, these alternative means of communication can be used to reach the parties and if appropriate, ask for the hearing to be adjourned.

6. Do not be late. Be ready well before the scheduled remote hearing time.

7. Prepare for the hearing in the same way you prepare for a traditional court hearing before the court.

8. Prepare your written submissions and have your witnesses familiarised with the oaths and the protocols.

9. Do not record the hearing. Just as you do not record traditional court hearings, so you do not record remote hearings, as that breaches confidentiality of all parties and the courts.

10. Be polite, respectful, and straight-to-the-point in your case presentation, submissions, cross-examination, and re-examinations.

I believe that if the above principles, though not exhaustive, are followed, you would certainly be guided aright in the proper discharge of your professional obligations under the rules and help the courts to better discharge its duties effectively.

Copyright © 2020 By Raphael Christopher

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Nigerian Legal Research Editor

Dr. Leesi Ebenezer Mitee
Doctor of Philosophy (PhD) in International Human Rights Law, Legal Informatics (the application of information technology to legal processes and legal information systems), Indigenous Customary Law, and Indigenous Rights