Requesting "The Rule" during Zoom-based Court Hearings
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In theory, having as many courtroom activities conducted by video-conferencing right now is a great idea. In reality, procedural finesse is becoming a thing of the past as the courts and lawyers fumble our way through the intricacies involved in accomplishing the most basic actions.
So lets start at the beginning (and hopefully, continue this as a series on specific aspects of video-based hearings). The Rule - otherwise known as the sequestration of witnesses.
Pre-trial Motions and Notices Are Your Friend
Before your hearing or trial, file a motion with the court requesting that either a) witnesses (assuming they are not present in the courtroom but also remotely accessing the proceeding), attend the hearing from separate computers, in wholly separate locations and that each witness attest to their location under oath or b) if multiple witnesses are in the office of Opposing Counsel, that Opposing Counsel certify, under Oath, that witnesses will be sequestered in entirely private locations during testimony. You may ask for notice as to the specific location where each witness will be during the hearing. Request that any issues regarding technology, stable internet access, availability of computers or private locations be disclosed and addressed prior to the hearing.
Also request the court utilize Zoom's waiting-room feature to ensure witnesses are not present during the testimony of other witnesses. The point of this motion is to put the Court and OC on notice that you are taking the Rule seriously, even in present circumstances, and expect this procedural standard to be strictly adhered to.
If you really don't trust opposing counsel or if your opposition is a self-represented litigant, you might consider requesting the video is moved around the room so that you can view for yourself that sequestration is adequate.
2. When witnesses are present in the courtroom but you are attending by video-conference.
Ask the judge to note for the record who is present in the courtroom and to ensure the sequestration of witnesses. Depending on the tone of the courtroom and your visibility, you may want to, before each witness, once again remind the court of the Rule and ask for notice of other parties in the courtroom.
Bonus Tip: Impeaching or Refreshing the Recollection of a Witness during a hearing - Use the "share-screen" function and if entering the exhibit, have an email window up and ready for contemporaneous emailing of documents to the Court Clerk and opposing counsel. In your pre-trial motion, include a notice that this is how you intend to present documents to witnesses, opposing counsel and to the Court. Request that all parties familiarize themselves with this feature and other relevant features such as "mute."
