Now that most hearings are conducted via Zoom (or its equivalent), everyone needs to know how to "put their best foot forward" so that they are received well by the court. After all, the judge is the audience you want to please. Here are some ideas:
Facial Expressions: One thing that judge's have greatly disliked during in-person hearings (since time immemorial) is a party making faces, particularly at the "other side." With Zoom, it is even more important that each person monitor his/her facial expressions because the judge will have an excellent opportunity to see your face; in fact, that is the only thing that shows up on the judge's computer screen and the judge can easily focus closely on each person's face. Your face will be about one foot away from the judge's eyes, as opposed to half a courtroom away. While it is a rare individual who can keep from showing immediate and natural emotion (like surprise) in his face, scowls and facial gestures communicating dislike, disbelief, or hatred should be avoided.
Side Comments: Because parties, their attorneys, and witnesses are not half a room away, judges can hear what is said a lot easier than during in-person hearings. The result is that side comments, snide remarks, and comments made "under one’s breath" all come through very clearly to the judge, and most judges do not appreciate them. This is the basis for the court to admonish the speaker and, in the event of the failure to correct ones ways, also sanctions could also be imposed on the speaker. So, don't even start to utter something you would not want the whole world to hear or the court might suspect is inappropriate.
Eye Contact: During in-person hearings, the witness will naturally want to address the attorney asking the question or to the judge and that leads to eye contact. Eye contact is important because in our society, "an honest man can look you in the eye" when speak-ing and a liar cannot. It is this point, as well as the person's demeanor, that judges rely on most heavily in determining the person's credibility. In Zoom hearings, it is most natural to look at the computer screen. Resist the urge! Put your attention on whatever is picking up your image for others to see. Maybe this is a spot at the top of your computer; maybe it is a separate webcam. Whatever it is, that is what you need to look at in testifying so that it appears you are having good eye contact with the court. When you are not testifying, look at the screen displaying a pleasant face.
Speak Clearly: Devices picking up one's voice always distort it somewhat. Speak clearly so that you are not adding to the problem.
Your Identity: When you start to log onto a Zoom hearing, make sure your computer shows your name. Without that, no one knows who you are or what hearing you are planning to attend.
Reference Materials: When testifying, you may need to reference some document or some notes. When you need to do so, mention that you need to reference "x", stating the title of the item, its exhibit number, or its description. "I need to look at my notes to give you that number" or "Let me review exhibit number x" or "I am getting my Financial Affidavit to refresh my memory" are examples of such responses. This way, the judge and opposing counsel know what you are doing and will not suspect that someone is slipping you answers or you are reading prepared statements of someone else. Sometimes a foundation will have to be laid by the attorney first, before you to begin to reference anything. For instance, if you cannot recall a specific date or number, but you can easily "refresh your memory" by looking at some paper with the exact figure on it. The attorney and the court need to know what you plan to look at if you are not looking at the video device, and the court may require you to show it to the camera so that opposing counsel can see it.
Body Actions: Since the judge will be seeing only a part of you but will also have to focus on all the other people attending via Zoom, it is best to keep your head and body movements to a minimum. Fidgeting, nail biting, bouncing in the chair, swiveling in the chair may calm your nervousness but it translates into an annoying distraction for others. The judge will want to hear from parties, witnesses, and attorneys, not see a lot of commotion and distracting activity. So, do as your mother said, "Sit still."
Smoking, Et Cetera: You are just as much "in court" during a Zoom hearing as you are during an in-person hearing. Therefore, do not smoke, chew tobacco, chew gum, slurp your coffee, et cetera. Your visage is in court; act like it.
Dress for Court: Again, you are just as much "in court" during a Zoom hearing as you are during an in-person hearing. Therefore, dress for the occasion. Most people now know that they should at least have on presentable and appropriate clothes from the waste up. Also dress from the waste down. Some of the worst (but funniest) events have occurred when a person appearing at a hearing via Zoom has stood up to reach for something but was only dressed from the waste up, while the camera show-ed the person from the waste down. These events result in cute stories for the rest of us but the result for the attorney, witness, or party involved is total embarrassment, loss of credibility, and perhaps loss of the point of the hearing. If the matter is important enough to be set for a hearing before a judicial officer, it is important enough for the party to dress fully properly.
Background: Set up your computer where the background will not be a distraction and will reflect the serious nature of the judicial process. Zoom hearings featuring a swimming pool in the background or a mess in the room are distracting to the judge and that will not help your case. Either go into a plain room with a plain wall as your back-drop or create a plain backdrop through your computer. After all, you should be the one getting the attention, not your cool pool.
Noise: Children and pets have no business in court, whether the hearing is in person or via Zoom. Noise is a distraction to the attorneys and the judge, so keep the kids away, put the dog in another room, and turn the music off. (Chances are the judge will not like your taste in music anyway.)
Attendance of Others: The Florida Rules of Procedure preclude children from attending hearings in marital and family law cases unless prior permission has been obtained from the Court. Therefore, do not let them in the room during the hearing and make sure that they cannot hear what is going on. The judge and attorneys will want to be assured that no one is present with you, certainly not someone who is going to be a witness. The judge may ask you to move your computer or video device around so that the court and all parties can confirm that no one else is in the room, possibly to give you answers or otherwise "kibitzing."
Interrupting: Another action that judges have typically always disliked is one person interrupting another. Attorneys have to voice their objections in a timely manner which, technically, may involve interrupting their counterpart. However, parties and witnesses should not answer the question before it has been fully asked, interrupt what the judge is saying, interrupt an attorney's argument or questioning, or interrupt the testimony of a witness. The first time one interrupts, most judges will admonish an interrupter and give a general instruction but after that, sanctions may be ordered. Further, one does not gain anything by interrupting - except the judge's wrath.
Lapse in Audio: Be mindful of a possible audio lapse caused by a slower transmission from one party's computer. The effect of this is that the person last speaking may not be finished, though there is a momentary lapse in the sound and picture. To account for this and not over-take the prior speaker prematurely, wait a second or two before speaking to assure that the other person is finished.
Voice Volume: Here is my personal flaw; speaking too loudly. That tiny little computer microphone does a better job than I give it credit for. The judge may look far away, but you don't need to yell to be heard; the judge can hear you just fine-and probably better because he/she will not have to cover his/her ears to protect them from the volume!
Demeanor: All of the above points concern one's demeanor, which is what the court will be judging and monitoring during the hearing, whether one is testifying or not. Body language, facial expression, and tone of voice are every bit as important to the judge in forming an opinion on the case as the content of what is being said. In fact, observing one's demeanor and personally witnessing one's testimony is the trial court's purpose and necessary in determining whether the person is telling "the truth, the whole truth, and nothing but the truth." Even though you may be sitting in a comfortable chair in the den of your home, you are "in court." Look like it, act like it, and put your best foot forward…on your own behalf and for your own benefit.