Here’s the Latest on Civil Court Procedures

Here’s the Latest on Civil Court Procedures

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:

    • 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,

Natalia Angelini

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