I’m not sure what the Queen of Soul has to do with Rules 2.530, 3.116, 8.001, 8.002 and others, but all I’m asking is they—and Zoom appearances—get a little respect.
An appearance in court by video conference is still a court appearance. Give it as much respect as an in-person court appearance. Dress should be the same, demeanor should be the same, and the level of preparation should be even higher due to the difficulties inherent in remote appearances.
This seems obvious on the one hand, yet, on the other hand, Zoom court appearances often get treated as if they don’t count as much.
We have rules (not suggestions) of procedure that apply. Rule 2.530 uses the words “must” or “shall” 10 times. Highlights include prior service of motions or notices for using Zoom and written objections to its use, Fla. R. Gen. Prac. & Jud. Admin. 2.530(b) (2024), written motions for the presentation of testimony by Zoom, Fla. R. Gen. Prac. & Jud. Admin. 2.530(b)(2) (2024), and consent of all parties in criminal proceedings to present testimony by Zoom. Fla. R. Crim. P. 3.116(d)(1) (2024).
Zoom testimony also implicates Confrontation Clause rights that require the defendant’s waiver in criminal proceedings. Fla. R. Crim. P. 3.116(d)(4) (2024).
Although local practice is usually looser than the rules, don’t count on the judge to bail you out of following the mandatory provisions of these rules over your opponent’s objection.
Know all the rules that apply to your area of practice, including administrative orders for the judicial circuit and individual judge’s policies.
Know how to use the software. Don’t wait until after court starts to fumble your way through muting and unmuting and turning video on and off. Have an internet connection fast enough for Zoom to work smoothly.
Test the hardware before court. Figure out a way to see and hear what people on the other end see and hear when you’re on Zoom. Position your camera so that you are looking directly at the judge or witness.
A phone just sitting on a desk or vehicle console is not adequate for regular court appearances by Zoom. Have a setup appropriate for a licensed professional.
Keep your video off and microphone muted when your case is not being addressed, if you are in a group feed.
Understand that if your video is on, the court can see what you’re doing. If your natural background is distracting (like a car headliner or kitchen, as examples), use a tasteful computer-generated one.
Look at the judge or witness you’re talking to. Mute your microphone when you will not be talking for extended periods. Don’t appear in court from your car, unless it is unavoidable.
All this applies to clients and witnesses too. Ensure they understand the etiquette and have adequate hardware and connections. Do not assume witnesses, even expert witnesses, have adequate knowledge and resources to effectively testify by Zoom.
Finally, just because you can appear by Zoom doesn’t mean you should. Ultimately, lawyers are trying to persuade a real person (or people) to see things their way. Sitting a few feet away from the person you’re trying to persuade carries weight.
Zoom works fine for things like setting trials or hearings and uncontested motions. However, for presentation of extensive or contested testimony and document-intensive arguments, Zoom has serious limitations.
Do you think you’re a better persuader on a video screen or sitting just a few feet away from the person you’re trying to persuade?
Jeb Branham was appointed judge in 2020 by Gov. Ron DeSantis and reelected in 2022. His current term ends on Jan. 2, 2029.