Appendix C: Best Practices for Zoom Appearances

General Practice Direction Regarding All Proceedings in the Court of Appeal

Appendix C: Best Practices for Zoom Appearances

The following are best practices for appearances by Zoom at the Court of Appeal. These practices are for guidance and are not intended to be exhaustive. Parties should follow any direction given by the panel or presiding judge. They may also wish to consult the E‑Hearings Task Force’s Best Practices for Remote Hearings.

1. Identify an appropriate environment for the hearing and improve internet connectivity.
   1. Choose a professional environment with a neutral backdrop and adequate lighting.
   2. If possible, choose a location near a modem and/or connect directly to the internet via ethernet for better connectivity.
   3. If connecting by Wi-Fi, to reduce potential connection problems, minimize the use of bandwidth by other members of the household or office.
   4. Choose a quiet location with minimal distractions.
2. Prepare hardware and software in advance.
   1. Fully charge and plug in devices during the hearing.
   2. Place devices on a stable and stationary surface. Handheld devices should not be used.
   3. Test accessing Zoom and the internet connection in advance of the hearing, in the location that will be used for the hearing (see the Zoom testing website).
   4. Ensure devices that will be used during the hearing meet Zoom system requirements (see the Zoom system requirements website).
   5. Select a screen name for Zoom containing your full name and role in the proceeding (e.g., Jane Doe, Counsel to the Appellant).
   6. Position the camera on your computer or similar device in a way for it to be level with your face and 1-2 feet away from where you will be seated for the hearing.
   7. Practice switching from computer audio to phone audio (cell phone or landline) or vice versa in advance of the hearing. This will enable you to quickly reconnect to the hearing by audio should your internet bandwidth unexpectedly weaken.
3. Plan for communicating with others.
   1. Consider how counsel will communicate with clients, co-counsel, and opposing parties (if necessary) privately during the hearing.
   2. Exchange telephone numbers and email addresses in advance to communicate in the event technological or other issues arise during the hearing.
4. Take steps to minimize background noise.
   1. Mute your microphone if you are not speaking. Parties who have not muted their microphones may be muted by the court.
   2. Put cell phones and other devices on silent and mute notifications on your computer to avoid interrupting the hearing.
5. Adapt oral argument for a remote hearing.
   1. For appeal hearings and panel motions, counsel are encouraged to gown if attending remotely. Counsel are not expected to gown for single judge motions.
   2. Consider speaking more slowly than usual, to adapt to lag times in the video or audio technology.
   3. Consider whether to proceed more slowly than usual when referring to documents, as it may take longer for judges to locate the electronic documents.