The Protocol – During the questioning
6. General Rules of Virtual Meeting
- keep virtual meeting links and login passwords confidential to prevent unauthorized access by any person
- not use any virtual background or blurring function of the software platform
- not use any instant messaging features of the platform during questioning
- with the exception of the Court Reporter, not record the virtual meeting, and the transcripts prepared by the Court Reporter will be the only official record of these proceedings
- not discuss with any person the matters in issue in this litigation while that person is under questioning and before that questioning has been officially concluded
- take steps to prevent anyone other than the Participants in the virtual meeting from seeing or hearing the contents of the meeting, other than any other parties identified as being present at the commencement of the meeting
- if another person comes within earshot of the virtual meeting, immediately advise the Court Reporter to that effect
- if the platform provides for private chats or private conversations within the main meeting, immediately advise the Court Reporter if the Participant is able to hear or observe communications between other Participants that can reasonably be assumed to be intended to be confined to a private chat or private conversation
- in the event of an interruption in the video or audio feed, immediately contact the Court Reporter by telephone at the number or email provided, to conclude or adjourn the virtual meeting
Each lawyer and each self‐represented party, as the case may be, will immediately suspend questioning if there is an interruption in the video or audio stream of any Participant. If the videoconference technology results in Participants speaking over one another, steps should be immediately taken by the Court Reporter to resolve the problem and, in the interim, all Participants should cede the floor to the lawyer for the party being questioned in case there is an objection to a question.
The Participants will respect any requests made and directions given by the Court Reporter in the interest in generating a clear transcript of the proceedings.
Parties and their lawyers may confer while the questioning is adjourned, either by private virtual meeting, in person (if the lawyer is physically with the client), or by telephone, but always subject to the usual ethical constraints on the communications between lawyer and client during questioning.
7. Adoption of This Protocol by Agreement
Prior to the commencement of Questioning, the parties and their lawyers shall agree to the terms of this Protocol or adopt such amendments to this Protocol as mutually agreed and endorse such agreement on the record at the outset of the Questioning.
8. Oath/Affirmation and Undertakings
fter confirming the virtual attendance of all Participants, the Court Reporter will take the oath or affirmation of the witness in the normal way. If the witness wishes to swear an oath but doesn’t have a Bible at hand, a Scottish oath may be used in accordance with s. 16 of the Alberta Evidence Act.
The questioning party or questioning lawyer, as the case may be, will include in the preliminary questions of the witness the questions set out in Appendix “A” to this Protocol. If any of those questions are answered in the negative, agreement should be reached on the issue in question before proceeding with further questioning. If agreement cannot be reached, the questioning should be adjourned and rescheduled, with the guidance of the court if necessary.
All Participants will also agree on the record to not record (with the exception of the Court Reporter) or broadcast the proceedings.
9. Rules of Evidence and Admissibility
By proceeding under this Protocol, each party and their respective lawyers agree that:
- The party being questioned shall be deemed to be present in Alberta for the purposes of the questioning, regardless of that person’s actual location
- If requested by a party, all parties will consent to an order under r. 6.22 of the Alberta Rules of Court that a party may be questioned by virtual meeting while located outside of Alberta
- Provided that this Protocol is substantially complied with, no party will object to the admission of transcripts of questioning or portions thereof that would normally be admitted in court proceedings if the questioning took place in person