Pacheco et al v. United States of America

Filing 188

ORDER FOR REMOTE CIVIL BENCH TRIAL by Judge Robert S. Lasnik. Trial shall begin on Monday, September 14, 2020 at 9:00 a.m. Testimony will be heard from 9:00-11:00 a.m. and 2:00-4:00 p.m. Monday through Friday. Parties and counsel are to participate on September 8, 2020, at 10:00 a.m. with the court and its IT representative for a technology check. The courtroom deputy will supply the invitation link for those participating. (KERR)

Case 2:15-cv-01175-RSL Document 188 Filed 08/27/20 Page 1 of 6

1
2
3
4
5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7
8

YESENIA PACHECO, et al.,

9
10
11

Plaintiffs,

CASE NO. C15-1175RSL
ORDER FOR REMOTE CIVIL
BENCH TRIAL

v.
UNITED STATES OF AMERICA,

12

Defendant.

13
14
15
16

The court orders the following procedures and protocols for a remote trial starting on
September 14, 2020, at 9:00 a.m.
A. Trial format

17

Remote

18

The entire trial will take place using the ZoomGov.com platform. The parties,

19

counsel, and witnesses will not be physically present in the courtroom.

20

The public will have access to an audio broadcast of the proceedings via a link

21

published on the court’s trial calendar. If the parties agree and consent to a

22

video broadcast of the trial (agreement = video and audio broadcast for the

23

public; no agreement = audio broadcast only for the public), they shall so

24

ORDER FOR REMOTE CIVIL BENCH TRIAL - 1

Case 2:15-cv-01175-RSL Document 188 Filed 08/27/20 Page 2 of 6

1

notify the courtroom deputy at [e-mail] by 10:00

2

a.m. on September 4, 2020.

3

B. Preparation

4

Counsel shall review the King County CLE tutorials modified for federal

5

court located at

6

https://www.youtube.com/playlist?list=PLQQODreSvdKHWF4JsOIQp8zMJ

7

Mt9ulM-2 and familiarize themselves with:

8

ZoomGov.com

9

Box.com

10

Testimony will be heard from 9:00-11:00 a.m. and 2:00-4:00 p.m. on Monday

11

through Friday.

12

Parties and counsel are to participate on September 8, 2020, at 10:00 a.m. with

13

the court and its IT representative for a technology check. The courtroom

14

deputy will supply the invitation link for those participating.

15

Counsel shall ensure that they and each witness have the hardware, software,

16

data bandwidth, and internet access required to testify remotely based on the

17

minimum system requirements posted at

18

https://www.wawd.uscourts.gov/attorneys/remotehearings. Counsel shall also

19

ensure that parties and witnesses have an alternative means of communicating

20

with each other outside the ZoomGov.com platform (e.g., a cellphone).

21
22
23

C. Record
The court will provide a court reporter for the trial and a link to the audio
(and, with consent, video) broadcast of the proceedings. No portion of the

24

ORDER FOR REMOTE CIVIL BENCH TRIAL - 2

Case 2:15-cv-01175-RSL Document 188 Filed 08/27/20 Page 3 of 6

1

hearing shall be recorded or broadcast, in whole or in part, in any other

2

fashion by any participant, witness, or public observer.

3

The parties and counsel agree that they will not record, via audio, video or

4

screenshot, or permit any other person to record, via audio, video or

5

screenshot, the hearing or any part of it. The parties and counsel will ensure

6

that each additional attendee at the hearing for which that party is responsible

7

also acknowledges and agrees to this prohibition on recording.

8
9

D. Witnesses and Participants
Counsel shall email the courtroom deputy at

10

[e-mail] and provide the following for each

11

party, attorney, or witness who will appear remotely:

12

Name

13

Email address

14

Phone number

15

Participant status (party, attorney, or witness)

16
17
18
19
20
21
22
23

The courtroom deputy will then supply the invitation link for those
participating. When a participant remotely accesses the trial, the participant
will first enter a virtual waiting room. The courtroom deputy will admit
participants to the virtual court proceeding from the virtual waiting room.
Counsel will be responsible for notifying witnesses when they are expected to
report to the virtual waiting room. Counsel shall have a second witness on call
at all times to testify in case a witness’ connection is lost or other technical
difficulties arise.

24

ORDER FOR REMOTE CIVIL BENCH TRIAL - 3

Case 2:15-cv-01175-RSL Document 188 Filed 08/27/20 Page 4 of 6

1

E. Exhibits

2

All exhibits will be uploaded by counsel to the “Box.com” website via a link

3

that the courtroom deputy will email to counsel prior to the trial start date.

4

Two hard copies shall be delivered to the U.S. Courthouse at 700 Stewart

5

Street, Seattle, WA 98101 before 4:00 p.m. on September 9, 2020.

6

Each witness testifying shall have a hard copy of any exhibit they will be

7

expected to use or examine during the trial.

8

The witness will not access the exhibits until instructed by examining counsel.

9

Counsel or a pro se party shall certify that exhibits uploaded and the exhibits

10

produced in hard copy are identical.

11

The courtroom deputy will download each exhibit as it is admitted to create

12

the court’s record.

13

Depositions expected to be used for impeachment or trial testimony shall be

14
15
16
17
18
19
20
21
22
23

delivered to the court under seal before 4:00 p.m. on September 9, 2020.
The parties must comply with LCR 32 for the use of depositions at the trial,
including video depositions.
The court shall be notified if a video deposition is to be used as substantive
evidence, and the video must be provided to the Court before 4:00 p.m. on
September 9, 2020.
F. Professionalism During the Trial
Ambient Noise Protocols
When the court, counsel, or a witness is speaking, please avoid
interrupting the speaker.

24

ORDER FOR REMOTE CIVIL BENCH TRIAL - 4

Case 2:15-cv-01175-RSL Document 188 Filed 08/27/20 Page 5 of 6

1

Upon admission to the ZoomGov.com platform, participants shall

2

mute their microphones and activate microphones when directed by

3

the court (e.g. a witness shall activate the microphone when testifying

4

as shall the examining and defending attorneys during witness

5

testimony).

6

All participants who are not actively being questioned as a witness,

7

asking questions of a witness, defending a witness, or providing or

8

responding to opening statements, closing arguments, or other

9

arguments, shall maintain their audio on mute to limit potential

10

interruptions. The video hearing host also will have the ability to mute

11

and unmute any participant if needed.

12

Any participants using multiple devices in a single workspace to

13

access the trial should avoid audio feedback issues by, e.g., only using

14

the microphone and speakers on one device at a time, or utilizing

15

headphones.

16

To the extent possible, remote trial participants should conduct

17

themselves in the same way they would if they were physically present

18

in a courtroom. Remote participants should silence electronic devices

19

other than devices necessary to remote participation, and generally

20

take steps to minimize anything in their remote workspace that would

21

distract from the integrity of the proceedings. The Court understands

22

that conducting trial from one’s home, for example, presents many

23
24

ORDER FOR REMOTE CIVIL BENCH TRIAL - 5

Case 2:15-cv-01175-RSL Document 188 Filed 08/27/20 Page 6 of 6

1

challenges. The court asks all remote participants to do their best to

2

maintain professionalism in order to conduct a fair and efficient trial.

3

Objections

4

When an objection is made, the witness shall stop talking and let the court rule

5

on the objection.

6

Disconnection

7

In the event that the court, a party, counsel, a witness, or anyone else

8

necessary to the proceedings becomes disconnected from the remote

9

trial, the trial will stop while the connection is reestablished.

10

Counsel must ensure that a witness has an alternative means of

11

communicating with counsel (e.g., a cellphone) in the event of

12

disconnection.

13

Appropriate dress

14

Parties, witnesses, and counsel are to dress in the same manner as they would

15

in a live courtroom.

16

Screen Names

17

When remotely accessing the trial, remote participants should ensure that their

18

screen name indicates their actual name.

19
20

Dated this 27th day of August, 2020.

21

A

22

Robert S. Lasnik
United States District Judge

23
24

ORDER FOR REMOTE CIVIL BENCH TRIAL - 6