Although it has been difficult to keep track of the changing court procedures throughout the pandemic, the Notice to the Profession that came into effect on April 19, 2022, has a fulsome procedural index governing all Superior Court of Justice proceedings. I focus below on what I see as the pertinent current information for counsel attending civil matters:
When To Gown
- You must gown for any virtual proceeding that would require gowning if conducted in person;
- Unless a Region-Specific Notice or Practice Direction states otherwise, you do not need to gown for trial scheduling court, case conferences, settlement conferences, trial management conferences, pre-trials or Small Claims Court proceedings;
- You do need to gown for all other in-person or virtual proceedings;
Mode of Proceeding
The final determination of how an event will proceed remain subject to the discretion of the Court. Continued use of virtual hearings increases efficiency, but in-person advocacy will remain an essential feature of our justice system. The guidelines for the default method of appearances is as follows:
- Unless the Court specifies or directs otherwise:
- Case conferences, pre-trial conferences, long motion scheduling and trial scheduling with being heard virtually;
- Motions on consent or unopposed, and all without notice motions, will be held in writing;
- Contested motions and applications will be heard virtually, unless directed by the Court or an in-person hearing request is made and accepted by the Court
- Examinations for discovery and mandatory mediations will be held in person unless the parties agree to proceeding virtually or the Court specifies otherwise;
- Judge-alone trials will be held in person unless the parties consent to a virtual trial and the Court approves (the Court may consider a hybrid proceeding e.g. witness testifying virtually);
- Jury trials will be in person (the Court may consider a hybrid proceeding);
- Assessment of costs hearings will be held virtually;
- Motions for costs will be held in writing;
Virtual Courtroom Etiquette
Follow established virtual court decorum rules as noted here, including:
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- Turn off your other devices, and ensure your Internet connection is stable;
- Have a neutral background and attend in a private space;
- Sign in at least 15 minutes early and stay on video during the hearing unless the Court directs you to turn it off;
- Use the mute function when you are not speaking, and raise your hand when you wish to speak;
- If you have a beverage, only water is allowed in a clear container;
- Have your screen name read with your surname first, followed by your given name; Prefixes and/or pronouns are encouraged to be provided;
- Do not record, photo or screen capture the hearing unless the judge authorizes it.
The Notice to the Profession has an abundance of additional information, including on document naming, e-filing court material, uploading material, communicating with court staff, use of and assistance with CaseLines etc.
Thanks for reading and have a great day,