Digital litigation at the Court
The Court recognises the pivotal role of technology in delivering access to justice in the digital age.
The Supreme Court supports virtual and hybrid hearings, and other digitally enabled Court services.
The Court has dedicated teams that support and assist the judiciary, practitioners and the public to make use of digital litigation tool and processes.
For any queries regarding digital litigation support, contact us via qvtvgny.yvgvtngvba@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@noitagitil.latigid .
The preferred platforms for virtual and hybrid hearings are WebEx for Criminal Trial Division and Court of Appeal and Zoom for Commercial and Common Law Trial Divisions.
The Supreme Court applies the advanced features of WebEx and Zoom for public and private live streaming, connecting remote participants and prison links to virtual and hybrid hearings, recording hearings, and sharing content. Transcript providers can transcribe remotely by connecting to Zoom for fully remote civil proceedings.
For further information regarding WebEx and Zoom hearings download and read our user guides:
The Supreme Court provides pre-trial directions to guide the collation of electronic materials (such as affidavits, witness statements and tender bundles) into an eCourtbook.
To access the information, please view e-Courtbooks for virtual hearings. When parties present evidence to the court (in the form of eCourtbooks, videos, or other documents), the materials can be shared in various ways.
In eCourts, practitioners can use the HDMI connections at the Bar table for projection of materials directly from their devices. Alternatively, the materials can be provided to the Associates in a USB or a disc for sharing from the computers on the Associate’s bench or DVD players. For both methods, content sharing is controlled using the Utelogy application on the eCourts’ Surface Pros.
In remote hearings, practitioners can share materials from their own devices using the features of WebEx and Zoom. ECourt Operators can be allocated to facilitate content sharing for both in-court and remote trials.
The Court of Appeal provides a resource on how to prepare a civil appeal book:
(Download and save a virtual background image to your desktop from the link above)
Watch the Dos and don’ts of virtual hearings
Self-represented litigants
Zoom hearings user guide for self-represented litigants
WebEx hearings user guide for self-represented litigants
Practitioners
E-Courts are equipped with infrastructure that includes:
• High-definition court screens
• Surface Studios for judicial use, Surface Pros for in-court technology control using the Utelogy application, and computers on Associate’s benches
• HDMI connections at the Bar tables and Associate’s benches Witness monitors to allow the witness to view and annotate the content being projected
• CODEC technology that processes large amount of incoming and outgoing data stream.
The Supreme Court’s eCourt technology enables WebEx and Zoom hearings, content sharing (i.e. projection of eCourtbooks and digital materials), and in-court recording for transcription purposes.
Preparing for a virtual hearing
I do not have access to the technology required, what do I do?
The Court will consider these matters on a case by case basis. Contact the associate to the judicial officer ahead of the scheduled hearing to seek advice and further instructions.
How do I learn to use the virtual hearing platform nominated for my hearing?
The Court has published a Webex/Zoom user guide; it includes links to online tutorials and other information about the operation of this platform. For other platforms guidance will be sent to parties prior to the hearing. Download the Webex or Zoom User Guide.
Can my clients, witnesses, other legal representatives and I all use the same device to participate in the virtual hearing?
If necessary, it is permissible for counsel to participate on the same device. However, it is preferable if all participants use separate devices to enable Court staff to identify all participants and manage the hearing accordingly.
During a virtual hearing
When, why and how do I mute my device?
Always mute your device when not speaking. Mute should be your ’observation position’, enabling other parties and counsel to interact with each other undisturbed. This also reduces the impact of feedback and disruptive noises during the hearing.
All platforms used by the Court display a microphone icon during a virtual hearing. Muting is enabled when the microphone icon is clicked and a line appears through the icon.
Who do I contact if I am having technical issues?
Judges’ associates, tipstaves and members of the Court’s Digital Litigation Team will be managing the virtual hearing. Please contact them if any technical issues arise.
What should I do if I am disconnected or if my device ‘freezes’ while the hearing is being conducted?
Should you be disconnected from the hearing, or your device ’freeze’, reconnect to the virtual hearing immediately. If you are an active participant in the hearing (e.g. a legal representative/party making oral submissions or a witness giving evidence), please make the judge’s associate/tipstaff aware of the incident.
If you are not able to immediately reconnect to the hearing, notify the judge’s associate/tipstaff or another person in the hearing to ensure the Court is aware that you are no longer participating.
If your internet connection does not allow you to maintain a satisfactory connection to the virtual hearing, you may be able to participate in the hearing by phone. If you are an active participant in the hearing, you should ask the judicial officer if they will permit you to participate in this way before doing so.
What happens if technical issues interfere with the hearing and compromise my ability to represent my client?
The Court will not allow legal representation to be compromised in any way.
Should any party be experiencing issues to an extent that incapacitates their representation, the concern should be brought to the attention of the judicial officer (or their associate/tipstaff) to determine the next steps.
Can I disable video?
The camera can be disabled in all virtual hearing platforms by clicking the camera icon. All passive participants should ensure that their camera is not enabled during the hearing.
How do I privately communicate with my clients and other legal representatives during a virtual hearing?
Participants can privately communicate with each other during a hearing. This can be achieved by using the in-built features of the particular virtual hearing platform (e.g. chat), or by other traditional means, such as email, SMS, instant messenger or by phone call (from another device, with the microphone on the device connected to the virtual hearing being muted).
Privately communicating with clients in custody may be more limited. If you need to speak to your client who is in custody during the hearing, please notify the judge’s associate/tipstaff.
Feedback
The Court would be grateful to receive feedback from practitioners that will enable further refining of its processes and improving the way virtual hearings are conducted in the future.
Please send your feedback to vasb@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@ofni .
Live streams
Court footage, including hearings, must not be recorded, rebroadcast or transmitted, including by taking a photograph, screenshot, audio and/or visual recording. This includes posting on social media. Offences apply. Refer to the full Terms of Use.
Supreme Court proceedings can be live streamed publicly and privately for viewing. Some proceedings – including judgments, trials and sentences – are available for public viewing via live stream.