Hsu v. Northwestern Mutual Life Insurance Company

Filing 48

ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL. Jury trial is scheduled to commence on June 28, 2021, at 9:00 a.m. All counsel who will actively participate in trial, as well as their assistants, shall attend a technology check sess ion with the Court's law clerk and courtroom deputy clerk on June 9, 2021, at 3:00 p.m. The Pretrial Conference remains scheduled for June 18, 2021, at 10:00 a.m. Both the technology check session and the Pretrial Conference will be conducted via ZoomGov. Counsel will be provided links via email. Signed by Judge Thomas S. Zilly. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TSUNG H. HSU,

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Plaintiff,

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v.

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NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY,

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C20-88 TSZ

ORDER RE: PROCEDURES
AND PROTOCOLS FOR
VIRTUAL JURY TRIAL

Defendant.

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The jury trial scheduled to commence on June 28, 2021, at 9:00 a.m., shall be

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14 conducted using the following procedures and protocols.
15 A.

Remote / Virtual Trial Format

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1.

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

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

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the courtroom.

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2.

The public, including members of the media, will have telephonic access

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via a number published on the district’s website. Members of the public

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shall not record any portion of the proceedings in any manner.

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ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 1

1 B.

Preparation

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1.

Counsel shall familiarize themselves with the ZoomGov and Box.com

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platforms by reviewing the King County Superior Court CLE program on

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conducting remote trials (modified for federal court) and 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

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hardware, software, data bandwidth, and Internet access required to

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participate remotely. The minimum system requirements are posted at

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

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3.

Counsel shall also ensure that they have one or more alternative means of

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communicating with their clients and witnesses, as well as with the Court,

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

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4.

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

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hard-wired connection is generally preferable to a wireless Internet

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connection), and shall take steps to limit Internet usage by others during the

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proceedings if such usage might impact a participant’s connection speed.

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Recording

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1.

The Court will provide a court reporter for the trial. No portion of the trial

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shall be recorded or broadcast, in whole or in part, in any fashion by any

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participant (attorney, party, witness, or juror) or public observer.

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2.

The prohibition on recording includes any audio or video recording,
photographs, and/or screenshots. The parties and counsel shall ensure that

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ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 2

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each trial participant for which they are responsible acknowledges and

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agrees to the prohibition on recording.

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Witnesses and Participants

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1.

Counsel shall provide, via email to the Court’s law clerk, the following

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information for each party, attorney, paralegal, legal assistant, trial or

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technical consultant, and witness who will participate remotely:

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 Name and Zoom identity

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 Email address

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 Phone number

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 Participant status (e.g., party, attorney, witness, etc.)
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Prior to trial, the Court’s law clerk will supply to counsel the links for the

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

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including witnesses, as appropriate.

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3.

After using the link to access the ZoomGov session, participants will enter

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a virtual waiting room. They will be admitted from the virtual waiting

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room into the virtual courtroom when appropriate. Counsel are responsible

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for notifying witnesses when and how they are expected to report to the

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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., paralegals, legal assistants,

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and trial or technical consultants) shall use the ZoomGov platform controls

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to mute their microphones and deactivate their cameras.

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ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 3

1 E.

Exhibits

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1.

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Exhibits shall be numbered in advance of trial in accordance with the
protocol set forth in the Minute Order entered April 1, 2020, docket no. 10.

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All exhibits shall be uploaded by counsel to the “Box.com” platform via

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one or more links that the Court’s law clerk will provide via email prior to

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the trial date.

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3.

Exhibits as to which admissibility has been stipulated shall be uploaded to

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

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admissibility is disputed shall be uploaded to the respective Box.com

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folders labeled “Plaintiffs’ Proposed Exhibits” and “Defendants’ Proposed

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Exhibits.” At the end of each trial day, the Court’s law clerk and counsel

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will confer, and the Court’s law clerk will transfer into the “Admitted

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Exhibits” folder any exhibits in the folders for “Plaintiffs’ Proposed

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Exhibits” and/or “Defendants’ Proposed Exhibits” that have been offered

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and admitted into evidence.

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4.

After the close of evidence and before the jury begins deliberating, the

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Court’s law clerk and counsel will confer to confirm that the “Admitted

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Exhibits” folder accurately reflects the evidence admitted during the course

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of trial. During their deliberations, the jurors will be provided access to the

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Box.com folder for “Admitted Exhibits.”

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5.

Hard copies of all exhibits shall be delivered to the Court’s courtroom

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deputy clerk, Gail Glass, at 700 Stewart Street, Seattle, WA 98101, at least

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five (5) judicial days before the first day of trial. These exhibits shall be
ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 4

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bound in one or more three-ring notebooks and appropriately tabbed by

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exhibit number. While testifying, each witness shall have available a copy

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of any exhibit that he or she will be expected to use or examine during the

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trial. The witness shall not access any copy of an exhibit unless and until

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instructed to do so by the examining counsel. With regard to exhibits as to

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which admissibility is disputed, the Court will conduct proceedings outside

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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

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ZoomGov to display the exhibits at issue. To the extent possible, the Court

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will rule on the admissibility of exhibits before a witness who is expected

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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

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shall be broadcast via ZoomGov using the screen-sharing function.

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Counsel may, but are not required to, upload video depositions to their

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respective Box.com folders, but the recordings will not be transferred to the

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“Admitted Exhibits” folder. Transcripts of depositions used during the trial

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for impeachment or as substantive evidence need not be sealed prior to their

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use. Counsel may either show the portion of the transcript at issue to the

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witness using the screen-sharing function in ZoomGov or transmit the

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entire transcript to the witness via mail, email, or otherwise in advance of

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his or her testimony.

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ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 5

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7.

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

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

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certification signed under penalty of perjury indicating that the exhibits to

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be displayed to the jury using the other program or platform are identical to

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the exhibits uploaded into the folders on Box.com.

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8.

All parties shall use the same naming convention for exhibits uploaded to

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Box.com. The naming convention shall include the exhibit number, as well

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as a brief description of the exhibit, which shall be sufficiently clear that

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jurors can understand the nature of the exhibit without having to open the

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electronic file.

11 F.

Professionalism During the Trial

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1.

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Ambient Noise Protocols
a.

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

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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 platform controls to mute their

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microphones. The Court’s law clerk, who will “host” the ZoomGov

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sessions, will mute any participant who fails to follow this protocol.

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b.

Participants using multiple devices in a single workspace to access

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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 conduct themselves in the same way they would if they were

ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 6

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physically present in a courtroom. They should avoid interrupting someone

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who is speaking, except as necessary to raise an objection. Virtual trial

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participants should silence electronic devices other than the devices

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necessary to their remote participation, close unnecessary computer

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programs or applications, and take steps to remove or minimize anything in

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their remote workspace that might distract from the integrity of the

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proceedings. The Court understands that conducting trial virtually, from

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one’s home, for example, presents many challenges. The Court asks all

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remote participants to do their best to maintain professionalism in order to

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conduct a fair and efficient trial.
3.

Objections: When an objection is made, the witness shall stop talking

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until the Court rules on the objection. If the objection requires a discussion

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outside the presence of the jury, the jurors will be placed in the virtual jury

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room.

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4.

Disconnection: In the event that the Court, a party, an attorney, a witness,

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

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from the remote trial, the trial will stop while the connection is re-

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

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call or text Gail Glass at [phone]. In advance of calling a witness to

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

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contacting the witness in the event of disconnection and ensure that the

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alternative means of communication (e.g., a cellular phone) is operational.

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ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL - 7

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5.

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Appropriate Dress: Parties, witnesses, and counsel shall dress in the same
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

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in the ZoomGov platform that indicates their actual first and last names. As

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“host,” the Court’s law clerk will rename any participant whose screen

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name is incomplete, confusing, unprofessional, or otherwise improper.

7 G.

Technology Check and Pretrial Conference

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All counsel who will actively participate in trial, as well as their assistants, shall

9 attend a technology check session with the Court’s law clerk and courtroom deputy clerk
10 on June 9, 2021, at 3:00 p.m. The Pretrial Conference remains scheduled for June 18,
11 2021, at 10:00 a.m. Both the technology check session and the Pretrial Conference will
12 be conducted via ZoomGov. Counsel will be provided links via email.
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IT IS SO ORDERED.

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The Clerk is DIRECTED to send a copy of this Order to all counsel of record.

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Dated this 26th day of April, 2021.

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A

_________________________________

Thomas S. Zilly
United States District Judge

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