Introduction
A long time ago, in a courtroom far, far away, virtual hearings and document platforms seemed like science fiction.[1] The evolution of online civil litigation is welcome but there is a steady return to in-person courtroom attendances. This guide is to assist lawyers attending civil courts in Ontario with a refresher on in-person courtroom practices.
A – PREPARATION CHECKLIST
Filing
File all material in advance of the hearing pursuant to the Rules of Civil Procedure or a court-ordered timetable as applicable. In Toronto, all documents are generally filed electronically but other jurisdictions may request that hard copies also be filed in advance.
Confirmation Forms
Make sure any confirmation form is filed 6 days in advance (to give yourself breathing room) as applicable.
Case Center
Make sure all materials are uploaded and hyperlinked at least 4 days in advance on Case Center (formerly CaseLines). Remember, Case Center is not considered filing. You can review this previous guide on hyperlinking in Case Center.
Pathway of Submissions
Prepare a “Pathway of Submissions” document which outlines your oral submissions. The Pathway can be a script to assist you with more difficult submissions. The Pathway should have specific Case Center page number references. It can also have time markers to keep you on track (i.e. “this third point will take 5 minutes”). You can also print a copy of your Pathway and provide it to the Judge and the Parties.
Technology
Even in in-person attendances, the Court and the Parties will often be using Case Center. Have the required technology to assist you in Court (laptop or tablet). Although the courts have internet, it is a good idea to have your own reliable mobile data/hotspot.
Daily Dockets
The day before your hearing, check the daily court dockets for courtroom information and the assigned court room (especially if not on Case Centre): https://www.ontariocourtdates.ca/
Participant Information Form
Prepare a Participant Information Form (formerly the “counsel slip”) and upload it to Case Center or print.
Trial Room Rental
If you are attending a trial that will last more than a week, it is worth considering renting a room/locker at the Courthouse from the local law association (as available). Stock the room/locker with snacks. In Toronto you can review the facilities rental available from the Toronto Lawyers Association.
LSO ID Card
Bring your LSO ID card which ordinarily allows you to bypass the courtroom security line. You can apply for a card by mail.
B- ATTENDANCE GUIDE
Arrive Early
Aim to arrive at least 30 minutes before the scheduled time to give yourself time to get settled, including setting up your laptop and organising any documents.
Gown
Ordinarily you will be required to wear your gowns if you are at an in-person civil attendance. Review the practice directions as required (no gowns for case conferences, scheduling appointments, and pre-trials). Normally the Court will have a lawyer’s lounge where you can change.
No Coffee and No Food
Courtrooms ordinarily do not allow outside food and drinks, including coffee. Water is usually available at the counsel’s table. Have a bottle of water and a snack in your bag for the break.
Bowing
When you enter the courtroom, you are required to bow. Once you walk towards the counsel’s table, you are required to bow again before crossing over to the section with the counsel’s table. Once the Judge enters the courtroom, you will bow again (see below).
Seating
If you are counsel for a plaintiff or applicant, you ordinarily sit at the right table when walking towards the Judge (the Judge’s left when facing counsel). If you are counsel for a defendant or respondent, you sit at the left table (the Judge’s right when facing counsel).
Judge’s Entrance
When the Judge is ready, they will be announced by court staff (often accompanied by a knock). When the Judge enters the Courtroom (or when they leave) you stand up. When the Judge reaches their seat, they will bow towards counsel and counsel will bow back. Court staff will make an announcement opening the court and you will then be asked to sit down.
Standing and Speaking
Once you are called by the Judge, you should always stand when it is your turn to speak. If you are only answering questions, you can stand at your table and answer the Judge. If you are making submissions, you should stand at the podium when speaking. If you are the first person to speak in a matter, it is proper to introduce yourself, your team, and opposing counsel.
Decorum
You should strive to maintain decorum and professionalism at the highest level during an attendance (both in-person and virtually). Opposing counsel should be referred to as “my friend” throughout. You should not speak over anyone and you should aim to keep your expression and your body language neutral – especially when you do not want to. The Judge should be referred to as “Your Honour” throughout. Be mindful that court can be a scary and unique experience for many clients and a respectful environment will benefit everyone. Be at ease and others will follow.
Slow Down
When making submissions, always slow down. You are likely speaking faster than you think. Aim to speak at a pace where someone can take contemporaneously handwritten notes.
Objections
If you want to make an objection when it is not your turn to speak, you should stand up. If opposing counsel sees you stand, they should pause and take their seat to allow you to speak. If opposing counsel sees you but forgets to take their seat, you may consider getting the Judge’s attention with a “Your Honour” and waiting to be called upon. You should aim to never raise your voice in court and trust in your colleagues’ professionalism.
Time Management
Persuasive advocacy includes a time allocation strategy. When speaking, be mindful of your allocated time, especially in an appeal. Be mindful of your colleagues’ expectations as well, including a morning break, a lunch break, and an afternoon break.
Integrity
Remember that a lawyer’s duty of integrity pursuant to the Rules of Professional Conduct includes a special responsibility to recognize the diversity of the Ontario community, to protect the dignity of individuals, and to respect human rights laws in force in Ontario (Rule 2.1-1 and Commentary 4.1). In an adversarial high conflict setting (all trials), integrity should be prioritized. People may not remember what you said, but they will remember how you made them feel.
For more information, lawyers can review the Superior Court of Justice’s Court Etiquette and Procedures, LAWPRO’s Going to Court Cheat Sheet, the regional practice directions, the Rules of Civil Procedure, and the Court of Appeal’s Civil Practice Directions.
—
[1] Actually not that long ago.
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Written by: Nima Hojjati
Posted on: July 25, 2024
Categories: Commentary, WEL Newsletter
Introduction
A long time ago, in a courtroom far, far away, virtual hearings and document platforms seemed like science fiction.[1] The evolution of online civil litigation is welcome but there is a steady return to in-person courtroom attendances. This guide is to assist lawyers attending civil courts in Ontario with a refresher on in-person courtroom practices.
A – PREPARATION CHECKLIST
Filing
File all material in advance of the hearing pursuant to the Rules of Civil Procedure or a court-ordered timetable as applicable. In Toronto, all documents are generally filed electronically but other jurisdictions may request that hard copies also be filed in advance.
Confirmation Forms
Make sure any confirmation form is filed 6 days in advance (to give yourself breathing room) as applicable.
Case Center
Make sure all materials are uploaded and hyperlinked at least 4 days in advance on Case Center (formerly CaseLines). Remember, Case Center is not considered filing. You can review this previous guide on hyperlinking in Case Center.
Pathway of Submissions
Prepare a “Pathway of Submissions” document which outlines your oral submissions. The Pathway can be a script to assist you with more difficult submissions. The Pathway should have specific Case Center page number references. It can also have time markers to keep you on track (i.e. “this third point will take 5 minutes”). You can also print a copy of your Pathway and provide it to the Judge and the Parties.
Technology
Even in in-person attendances, the Court and the Parties will often be using Case Center. Have the required technology to assist you in Court (laptop or tablet). Although the courts have internet, it is a good idea to have your own reliable mobile data/hotspot.
Daily Dockets
The day before your hearing, check the daily court dockets for courtroom information and the assigned court room (especially if not on Case Centre): https://www.ontariocourtdates.ca/
Participant Information Form
Prepare a Participant Information Form (formerly the “counsel slip”) and upload it to Case Center or print.
Trial Room Rental
If you are attending a trial that will last more than a week, it is worth considering renting a room/locker at the Courthouse from the local law association (as available). Stock the room/locker with snacks. In Toronto you can review the facilities rental available from the Toronto Lawyers Association.
LSO ID Card
Bring your LSO ID card which ordinarily allows you to bypass the courtroom security line. You can apply for a card by mail.
B- ATTENDANCE GUIDE
Arrive Early
Aim to arrive at least 30 minutes before the scheduled time to give yourself time to get settled, including setting up your laptop and organising any documents.
Gown
Ordinarily you will be required to wear your gowns if you are at an in-person civil attendance. Review the practice directions as required (no gowns for case conferences, scheduling appointments, and pre-trials). Normally the Court will have a lawyer’s lounge where you can change.
No Coffee and No Food
Courtrooms ordinarily do not allow outside food and drinks, including coffee. Water is usually available at the counsel’s table. Have a bottle of water and a snack in your bag for the break.
Bowing
When you enter the courtroom, you are required to bow. Once you walk towards the counsel’s table, you are required to bow again before crossing over to the section with the counsel’s table. Once the Judge enters the courtroom, you will bow again (see below).
Seating
If you are counsel for a plaintiff or applicant, you ordinarily sit at the right table when walking towards the Judge (the Judge’s left when facing counsel). If you are counsel for a defendant or respondent, you sit at the left table (the Judge’s right when facing counsel).
Judge’s Entrance
When the Judge is ready, they will be announced by court staff (often accompanied by a knock). When the Judge enters the Courtroom (or when they leave) you stand up. When the Judge reaches their seat, they will bow towards counsel and counsel will bow back. Court staff will make an announcement opening the court and you will then be asked to sit down.
Standing and Speaking
Once you are called by the Judge, you should always stand when it is your turn to speak. If you are only answering questions, you can stand at your table and answer the Judge. If you are making submissions, you should stand at the podium when speaking. If you are the first person to speak in a matter, it is proper to introduce yourself, your team, and opposing counsel.
Decorum
You should strive to maintain decorum and professionalism at the highest level during an attendance (both in-person and virtually). Opposing counsel should be referred to as “my friend” throughout. You should not speak over anyone and you should aim to keep your expression and your body language neutral – especially when you do not want to. The Judge should be referred to as “Your Honour” throughout. Be mindful that court can be a scary and unique experience for many clients and a respectful environment will benefit everyone. Be at ease and others will follow.
Slow Down
When making submissions, always slow down. You are likely speaking faster than you think. Aim to speak at a pace where someone can take contemporaneously handwritten notes.
Objections
If you want to make an objection when it is not your turn to speak, you should stand up. If opposing counsel sees you stand, they should pause and take their seat to allow you to speak. If opposing counsel sees you but forgets to take their seat, you may consider getting the Judge’s attention with a “Your Honour” and waiting to be called upon. You should aim to never raise your voice in court and trust in your colleagues’ professionalism.
Time Management
Persuasive advocacy includes a time allocation strategy. When speaking, be mindful of your allocated time, especially in an appeal. Be mindful of your colleagues’ expectations as well, including a morning break, a lunch break, and an afternoon break.
Integrity
Remember that a lawyer’s duty of integrity pursuant to the Rules of Professional Conduct includes a special responsibility to recognize the diversity of the Ontario community, to protect the dignity of individuals, and to respect human rights laws in force in Ontario (Rule 2.1-1 and Commentary 4.1). In an adversarial high conflict setting (all trials), integrity should be prioritized. People may not remember what you said, but they will remember how you made them feel.
For more information, lawyers can review the Superior Court of Justice’s Court Etiquette and Procedures, LAWPRO’s Going to Court Cheat Sheet, the regional practice directions, the Rules of Civil Procedure, and the Court of Appeal’s Civil Practice Directions.
—
[1] Actually not that long ago.
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