Global Cure Medicine LLC v. Alfa Pharma LLC

Filing 69

ORDER FOR REMOTE / VIRTUAL CIVIL JURY TRIAL signed by Judge Marsha J. Pechman. (PM)

Case 2:19-cv-00588-MJP Document 69 Filed 12/04/20 Page 1 of 7

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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Global Cure Medicine LLC,
Plaintiff,

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CASE NO. C19-588MJP

ORDER FOR REMOTE /
VIRTUAL CIVIL JURY TRIAL

v.

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Alfa Pharma LLC,

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Defendant.

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The Court ORDERS that the jury trial scheduled to commence on December 14,

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2020, at 9:00 a.m., be conducted using the following procedures and protocols.

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A.

Remote / Virtual Trial Format
1.

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The entire trial, [ X ] including jury deliberations, [ ] with the possible exception
of jury deliberations, will take place using the ZoomGov.com platform. The

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parties, counsel, witnesses, jurors, and court staff will not be physically present in

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the courtroom. The Court will call a jury pool of [ ] jurors. The parties will have
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1 round of 20 minutes and one round of 5 minutes to examine the jurors. Any

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questions the parties would like the Court to ask should be submitted to the Court

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by [ ].
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2. The public will have telephonic access via a number published on the Court’s trial

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calendar.

B.

Preparation
1.

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Counsel shall familiarize themselves with the ZoomGov.com and Box.com
platforms by reviewing the tutorials located at

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https://www.wawd.uscourts.gov/attorneys/remotehearings.

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2.

Counsel shall ensure that they and each of their witnesses have the hardware,

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software, data bandwidth, and Internet access required to participate remotely.

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The minimum system requirements are posted at

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https://www.wawd.uscourts.gov/attorneys/remotehearings.
3.

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Counsel shall also ensure that they have one or more alternative means of
communicating with their clients and witnesses, as well as with the Court, outside

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the ZoomGov.com platform (e.g., via cellular phone or email).
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4.

Counsel shall consider establishing a high-speed Internet connection (a hard-

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wired connection is generally preferable to a wireless Internet connection).

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Counsel shall also consider the feasibility of participating from their office if the

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impact of others requiring Internet usage during the proceedings might impact a

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participant’s connection speed.
5.

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Parties and counsel are to participate on COMPLETED with the court and court
staff for a technology check.

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C.

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Recording
1. The Court will provide a court reporter for the trial. No part of the trial may be

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reproduced, distributed, or transmitted in any form or by any means, in whole or

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in part, by any participant (attorney, party, witness, or juror) or public observer.

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This prohibition includes any audio or video recording, photographs, and/or
screenshots. The parties and counsel shall ensure that each trial participant for

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which they are responsible acknowledges and agrees to this prohibition.
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D.

Witnesses and Participants

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1. Counsel shall provide, via email to the Court’s Trial Coordinator [insert name,

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title and contact information], the following information for each party, attorney,

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paralegal, legal assistant, trial or technical consultant, and witness who will
participate remotely:

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•

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2.

Phone number

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Email address

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Name

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Participant status (e.g., party, attorney, witness, etc.)

Prior to trial, the Court’s Trial Coordinator will supply to counsel the links for the

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ZoomGov.com sessions. Counsel shall forward the links to other participants,

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including witnesses, as appropriate.
3.

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After using the link to access the ZoomGov.com session, participants will enter a
virtual waiting room. They will be admitted from the virtual waiting room into the

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virtual courtroom when appropriate. Counsel are responsible for notifying
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witnesses when and how they are expected to report to the virtual waiting room.

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4.

Participants who will not be examining witnesses, testifying, or otherwise

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presenting matters during the proceedings (e.g., attorneys, paralegals, legal

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assistants, and trial or technical consultants) shall use the ZoomGov.com platform

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controls to mute their microphones and deactivate their cameras.
5.

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During the virtual hearing, each party and all jurors will be visible on video with
microphones muted.

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6.
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Counsel and the witness are not to communicate through any other device or
method while the witness is testifying. Counsel and the witness [ ] may [ ] may

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not be in the same room.

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E.

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Exhibits
1. Exhibits shall be numbered in advance of trial in accordance with the protocol set

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forth in the [insert Order or Minute Order which sets the requirements for

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exhibits] Minute Order Setting Trial and Related Dates, Dkt. No.
2. All exhibits shall be uploaded by counsel to the “Box.com” platform via one or

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more links that the Court’s Trial Coordinator will provide via email prior to the

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trial date.
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3. Exhibits as to which admissibility has been stipulated shall be uploaded to the

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Box.com folder labeled “Admitted Exhibits.” Exhibits as to which admissibility is

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disputed shall be uploaded to the respective Box.com folders labeled “Plaintiff’s

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Proposed Exhibits” and “Defendant’s Proposed Exhibits.” At the end of each trial

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day, the Court’s Trial Coordinator and counsel will confer, and the Court’s Trial
Coordinator will transfer into the “Admitted Exhibits” folder any exhibits in the

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folders for “Plaintiff’s Proposed Exhibits” and “Defendant’s Proposed Exhibits”
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that have been offered and admitted into evidence.
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4. After the close of evidence and before the jury begins deliberating, the Court’s

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Trial Coordinator and counsel will confer to confirm that the “Admitted Exhibits”

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folder accurately reflects the evidence admitted during the course of trial. During

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their deliberations, the jurors will be provided access to the Box.com folder for

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“Admitted Exhibits.”
5. Hard copies of all exhibits shall be delivered to the Court’s courtroom deputy

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clerk, Grant Cogswell, at [ X ] 700 Stewart Street, Seattle, WA 98101, or [ ] 1717
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Pacific Avenue, Tacoma, WA 98402 at least two (2) judicial days before the first
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day of trial. These exhibits shall be bound in one or more three-ring notebooks and

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appropriately tabbed by exhibit number. While testifying, each witness shall have

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available a copy of any exhibit that he or she will be expected to use or examine

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during the trial. The witness shall not access any copy of an exhibit

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unless and until instructed to do so by the examining counsel. With regard to

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exhibits as to which admissibility is disputed, the Court will conduct proceedings

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outside the presence of the jury during which counsel may present arguments and,

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if necessary, voir dire witnesses, using the screen-sharing function in
ZoomGov.com to display the exhibits at issue from the respective Box.com

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folders. To the extent possible, the Court will rule on the admissibility of exhibits

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before a witness who is expected to use or examine such exhibits testifies.
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6. The parties shall comply with Local Civil Rule 32(e) concerning the use of

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depositions at trial. Video depositions that are used as substantive evidence shall

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be broadcast via ZoomGov.com using the screen-sharing function. Counsel may,

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but are not required to, upload video depositions to their respective Box.com

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folders, but the recordings will not be transferred to the “Admitted Exhibits”
folder. Transcripts of depositions used during the trial for impeachment or as

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substantive evidence need not be sealed prior to their use. Counsel may either
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show the portion of the transcript at issue to the witness using the screen-sharing
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function in ZoomGov.com or transmit the entire transcript to the witness via mail,

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email, or otherwise in advance of his or her testimony.

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7. If a program or platform other than Box.com will be used to publish exhibits to

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the jury, then counsel shall file, prior to the first day of trial, a certification signed

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under penalty of perjury indicating that the exhibits to be displayed to the jury
using the other program or platform are identical to the exhibits uploaded into the

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folders on Box.com. The parties may use trial presentation technology to present
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exhibits through the screen share function in ZoomGov.com.
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F.

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Professionalism During the Trial
1.

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Ambient Noise Protocols:

a.

All participants who are not actively being questioned as a witness,
asking questions of a witness, defending a witness, or providing or

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responding to opening statements, closing arguments, or other

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arguments, shall use the ZoomGov.com platform controls to mute

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their microphone and deactivate their video camera. The Court’s

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Trial Coordinator, who will “host” the ZoomGov.com sessions, will
mute any participant who fails to follow this protocol.

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b.

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Participants using multiple devices in a single workspace to access
the trial should avoid audio feedback issues by using the microphone

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and speakers on only one device at a time, or by using headphones.

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2. Courtesy and Decorum: To the extent possible, remote trial participants should

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

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a courtroom. They should avoid interrupting someone who is speaking, except as

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necessary to raise an objection. Virtual trial participants should silence electronic
devices other than the devices necessary to their remote participation, close

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unnecessary computer programs or applications (such as email or calendar
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notifications), and take steps to remove or minimize anything in their remote
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workspace that might distract from the integrity of the proceedings. The Court

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understands that conducting trial virtually, from one’s home, for example,

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presents many challenges. The Court asks all remote participants to do their best

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to maintain professionalism in order to conduct a fair and efficient trial.
3. Objections: Counsel should raise their hand to signal an objection. When an

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objection is made, the witness shall stop talking until the Court rules on the

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objection. If the objection requires a discussion outside the presence of the jury,
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the jurors will be placed in the virtual jury room.
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4. Disconnection: In the event that the Court, a party, an attorney of record, a

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witness, a juror, or anyone else necessary to the proceedings becomes

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disconnected from the remote trial, the trial will stop while the connection is

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reestablished. If the participant has difficulty reconnecting, he or she should call

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or text [insert name and contact information]. In advance of calling a witness to

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the virtual stand, counsel must establish with the witness a protocol for contacting

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the witness in the event of disconnection and ensure that the alternative means of

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communication (e.g., a cellular phone) is operational.
5. Appropriate Dress: Parties, witnesses, and counsel shall dress in the same

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manner as they would if they physically appeared in a courtroom.

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6. Screen Names: Remote participants should endeavor to use a screen name in the
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ZoomGov.com platform that indicates their actual first and last names. As “host,”

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the Court’s Trial Coordinator will rename any participant whose screen name is

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incomplete, confusing, unprofessional, or otherwise improper.

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IT IS SO ORDERED.
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The Clerk is directed to send copies of this Order to all counsel of record.

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DATED this 3 day of December, 2020.

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________________
U.S. District Judge

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