Remote hearings and the use of the ZOOM app by the courts is not going away any time soon. The toothpaste is not going back into the tube on this fundamental change to the practice of law.
During the COVID-19 pandemic beginning in 2020, when the world shut down, the Michigan Supreme Court was quick to adapt, expanding the use of videoconference technology by way of emergency order. In 2022, the Supreme Court, using what was learned from the use of videoconference technology by the courts, amended several of the Michigan Court Rules to make permanent the use of videoconference technology by the Courts.
The ZOOM app appears to be the big winner of this change in the Michigan Court Rules, as many of the state’s trial courts, including the Family Divisions of the Wayne, Oakland and Macomb County Circuit Courts, have adopted the ZOOM app as their videoconferencing platform.
What this means for someone with a Family Law case, is that much of the activity on your case will be significantly different than it would have been just four years ago. Status conferences, settlement conferences, motions before the Court, motions before the Friend of the Court referees, Pro Confessos and other matters will likely be heard by the Court remotely – with you appearing over your computer or your smartphone from the comfort of your home, or possibly in your attorney’s office.
The benefit to you, the client, is that most judges’ clerks schedule most of these remote hearings with efficiency in mind. They schedule these hearings spaced out in 15-to-30-minute appointments, if you will. This is a substantial change from the old-fashioned 9 o’clock cattle call where you hurry to the courtroom just to wait for your matter to be heard. How this is beneficial is that you are not sitting in a courtroom where your attorney is charging you by the hour while you wait three hours for your case to be called. Instead of you getting billed for four hours of your attorney’s time, your bill may be only for a half-hour of attorney time.
Things to remember for Zoom hearings:
- Treat the hearing with the same decorum that you would treat a hearing in the Courtroom.
- Dress appropriately.
- Be in a quiet room where there is no ambient noise from the television or other household members.
- Do not have others in the room with you during the ZOOM hearing, especially your children.
- Download the ZOOM app to your computer or smartphone ahead of time and confirm that your video camera and your microphone are in working order.
- If you feel it necessary, appear for the ZOOM hearing with your attorney in his or her office.
Know that your ADAM attorney will take the same time to prepare for the ZOOM hearing as he or she would take when appearing in person. Also, know that your ADAM attorney is familiar with the ZOOM technology necessary for making remote court appearances. The world changes quickly and we adapt quickly to it.