The Protocol – Prior to questioning
1. Selection of Technology Platform
The parties will agree on a technology platform by which to conduct questioning. There are many options such as Skype, Cisco Webex Meetings, Google Hangouts, Microsoft Teams and Zoom. These platforms are listed as examples only and the parties shall satisfy themselves as to the appropriateness of any proposed platform for their purposes including acceptable security measures. At minimum, the platform should meet the following criteria:
- Free to Use – Participants other than the host should not be required to pay for an account or the service (the ability to sign in using just e‐mail or a conference code is preferable).
- Multi‐User – The platform must accommodate the expected number of participants, including the parties, their lawyers, the Court Reporter, and any other parties entitled to attend questioning (collectively, “Participants”), whether or not they are participating.
- Audio/Video Quality ‐ Video and audio streams should be reliable and of good quality.
Screen Sharing – All Participants should be able to share their screens. - Muting – The host should be able to mute any Participant to limit unintentional background noise as necessary, and each Participant should be able to self‐mute and self‐un‐mute as necessary.
- Waiting Room/Separate Chat Room‐ Upon request, the host should be able to provide a separate room for Participants to go for a temporary private conversation or if not available on the platform, a means by which Participants can go off record and return.
- Secure – the platform should be encrypted and use access protocols to prevent interference or access to any part of the conference by third parties. Access to the virtual room should be controlled by the meeting host to prevent unauthorized access.
- Length of Session – The session should not be limited in duration by the platform but should remain active until terminated by the host.
Lawyers should advise their clients of any known or potential security risk related to the use of the platform selected. Parties or their lawyers should confirm with the Court Reporter that the chosen platform is acceptable when booking the Court Reporter.
The Court Reporter, as meeting host, will send to all Participants any necessary instructions for downloading and installing the platform software, and guidance on its use, if necessary.
2. Scheduling
The parties and their lawyers will schedule the questioning at an agreed time, as they would for in‐person questioning. The meeting should be hosted by the Court Reporter, who will ensure that the virtual meeting room is available for the duration of the agreed time and send invitations to each Participant with instructions on how to enter the virtual meeting.
All Participants shall provide the Court Reporter with contact information including an email address and phone number for access in the event there are problems with the session and a connection is lost.
3. Equipment and Setting
Each Participant will secure for that Participant’s own use during the questioning, the following:
- A desktop, laptop, or tablet computer (not a mobile phone) with a webcam, microphone, and speakers (headsets are recommended for sound quality and reduction of echo).
- Participants should use a wall outlet to avoid a laptop battery failure and adjust power settings as required to prevent the questioning being interrupted by any auto‐sleep or other power‐saving settings.
- A secure and stable internet connection (i.e. not public WiFi).
- A quiet room with a door that can be closed to exclude third parties.
- Participants should avoid back‐lit environments (e.g. a window behind the Participant) and any sources of external noise.
- The table or desk and surroundings should be clear of distractions and unnecessary items and should reasonably replicate a setting in which a Questioning would normally occur.
4. Records
The parties and their lawyers will establish and share a secure online records depository such as Google Docs, DropBox, Microsoft OneDrive or Sharepoint, to which will be uploaded the following, in PDF format where possible:
- A copy of this Protocol, with any amendments agreed to by the parties
- Copies of all relevant pleadings and affidavits of records in the action
- A complete set of each party’s producible records, organized by bundles and with pages numbered for ease of reference in accordance with the requirements of the Alberta Rules of Court
All parties and lawyers will be provided with secure access to the records depository. The parties agree that the online version of each record will be treated as authentic within the meaning of r. 5.15 of the Alberta Rules of Court, subject to that rule’s provisos, unless an objection to that authenticity is raised immediately upon reference to the record in question.
In the alternative, the parties may choose not to establish a secure online records depository and rather shall ensure that they each have access to the records/documents listed using other agreed delivery methods and the examining party shall use a “share screen” function to put records to the witness.
The parties and their lawyers will use their best efforts to provide full disclosure of records throughout the disclosure process to avoid the need to mark exhibits during questioning. Records will be referred to by production numbers. In consultation with the Court Reporter, the parties will agree on a process for marking exhibits where it is unavoidable.
If a party or other witness wishes to print a copy of one or more produced records for reference during questioning, that is permissible, however there should be no notes, comments, memoranda, or annotations added to any records that are before that party or witness during questioning. Any party and any lawyer may refer to, and display to others through screen‐sharing, any record produced by any party.
5. Test Meeting
The Participants will schedule a short test meeting to be held before the questioning, which each Participant will attend and in which any technical problems with the platform or the records depository can be addressed.