Information and Instructions to Defendant for Video Trials
The Arlington County General District Court now offers video traffic court hearings for eligible defendants. In order to be eligible to appear via video the defendant shall swear or affirm that the defendant has contracted COVID-19, has symptoms consistent with COVID-19 infection, is at increased risk of severe illness from COVID-19, over age 65, or physically disabled. This program is offered to limit travel to and from the courthouse and to reduce the number of people entering the courthouse. This program may expand to include all traffic court litigants at a future date.
To Request a Video Hearing Follow these steps.
- Fill out the Request Form and submit it to the court. Include a legible scanned copy or photo of your summons.
- This form must be sent to the court at least two weeks prior to your court date.
- Include physical evidence that you want the court to consider including photographs, DMV driving records in a single .PDF of no more than 10 pages. The .PDF should include your first and last name. i.e. DoeJohn.PDF
- The court will review your application and notify you if you are not approved for a virtual hearing within three days of receipt. If the application is approved, the originally scheduled court date will be converted to a status hearing and, at the status hearing, the court will assign a new video hearing date. You are not required to appear at the status hearing. You will be notified of the new video hearing date by (a Microsoft Teams invite sent to the) email you provided in your application.
Fill Out the Request Form Online Now
How Does the Court Conduct a Video Hearing?
- The court utilizes Microsoft Teams Platform to conduct all trials. The defendant will appear via video. The law enforcement officer and other witnesses may appear in person or by video.
- Participants MAY NOT use the Microsoft Teams App or any other application or device to record the video hearing.
- The participants may use a desktop, laptop, tablet or smartphone for the hearing. Microsoft Teams may be downloaded free of charge for use on all Windows, Apple and Android devices.
- Parties shall provide the Court with the email address for each hearing participant using the form provided by the court. Participants include counsel, parties, witnesses, interpreters, and court reporters.
- The Court will send an invitation to the Microsoft Teams meeting to the hearing participants based only on the emails provided by counsel or pro se parties.
- Hearing participants will click on the meeting link invitation provided by the General District Court Clerk’s office at least five minutes prior to the scheduled time of the videoconference hearing.
- All participants will be waiting in the virtual Microsoft Teams “lobby” until the judge initiates the videoconference hearing. If a party loses the connection or is removed from the lobby the party shall immediately call back to rejoin the meeting.
- The court will review the evidence submitted by the parties as the evidence is admitted subject to the Rules of Evidence. Prior to the hearing the evidence will be held Under Seal in the clerk’s office.
- The parties are responsible for preparing witnesses prior to the video hearing. The court will not postpone or pause the trial to allow for witness preparation.
- All participants shall place their microphones on mute unless they are speaking or wish to make an objection.
- A continuance request will not be granted on the day of the video hearing without a showing of good cause.
Procedures During the Hearing
- At the beginning of a trial, the Judge will set forth guidelines for the proceedings. Listen carefully for further direction.
- Trials will be called by assigned officer.
- All participants shall place their microphones on mute unless they are speaking or wish to make an objection.
- All efforts shall be undertaken not to interrupt other speakers during the hearing unless it is necessary to assert an objection. Please do not interrupt when another party or the judge is speaking.
- If an interpreter is necessary, all participants shall speak slowly, in short, complete sentences or questions, and allow time for translation. No one shall respond to a question posed by another participant until the question has been translated.
- If an objection is made, all participants must stop speaking and wait for the Court’s ruling on the objection. An attorney or self-represented party can ask to be heard on the objection after it is made. The Court may also request a response to an objection.
- Where an objection is made, and discussions are required in the absence of the witness, the witness may be asked to mute their computer or otherwise be virtually ejected from the meeting space, and invited to re-join the meeting when the objection has been addressed.
- All participants are required to identify anyone who may be observing the proceedings with them. This is essential to ensure the credibility of testimony.
- All evidence to be reviewed and considered by the judge hearing your matter must be electronically submitted and received by the Court at least ten business days before your scheduled hearing date. Evidence will not be returned.
- The Court will hold all hearings to a strict time estimate. Thus, participants are encouraged to not repeat arguments included in their written pleadings already submitted to the Court.
- Once the Court has heard from all parties, the matter will be submitted for decision. Once submitted, the Court will make a ruling, and no further argument shall be considered.
- The defendant has an absolute right to appeal the decision of the court. The appeal must be filed in person the Arlington County General District Court Clerk’s Office located on the 2nd Floor. All appeals must be filed within 10 days of the Court’s ruling.
- Participants MAY NOT record the video conference or teleconference. ADVISORY: The virtual hearing MAY NOT be photographed, recorded (audio or video), or rebroadcast without prior written judicial authorization consistent with Order of the Arlington General District Court. Please be advised that any unauthorized recording, photography, or rebroadcast without prior written judicial authorization may be a basis for a citation for contempt of court or an order imposing monetary or other sanctions as provided by law.
Guidelines for Participants
- For the purpose of this guidelines, a participant includes a party, an attorney, or a witness.
- This information is provided as guidance. The conduct of the hearing remains a matter for the presiding judge. Participants should follow any direction given by the judge.
- The behavior, manner, and presentation the participants should be the same as if they were attending the Court hearing in person. This includes addressing the Judge correctly as “Your Honor” and addressing Counsel politely and courteously.
- The participants will ensure that there will be no interruptions or distractions for the duration of their appearance at the hearing.
- If participants are unable to give uninterrupted evidence, they should advise the courtroom clerk or their attorney as soon as practical.
- Participants should have a copy of all pleadings and documents necessary for the hearing.
- Participants that plan to examine a witness must ensure the witness has a copy of documents to which they may be referred.
- Participants are not permitted to use or access their phones during the hearing except as required to participate in the hearing or as permitted by the judicial officer.
Safety in virtual hearings
Participants should be mindful of their personal safety when participating in virtual hearings, including by considering the following:
- If joining the hearing using video, consider turning on background blur, or sitting in front of a neutral background such as a blank wall, window blinds or door.
- If there are safety concerns about appearing with video turned on, the Judge may permit a party to participate in the hearing using only audio.
- If joining a video hearing by telephone, participants may switch caller ID off before dialing the conference number. If the caller ID is on, participants should be aware that their phone number will be displayed in the Microsoft Teams meeting to others participating using the desktop app, web browser version, or smartphone app (but will not be visible to other participants also dialing in on the telephone). Switching caller ID off means that only a random 9-digit number will be shown.
- Be sure to set aside time to participate in the hearing distraction-free and without children present. Please dress appropriately.
Technology tips
- Use a headset or headphones that have a microphone (such as most headphones that come with smartphones), to avoid echo and increase audio quality. Ensure you select the headphones in the settings for ‘Devices’ as the microphone and speaker. If you have the volume turned up and audio coming through the speakers of your device, it may be picked up by your microphone and create an echo. If other participants are complaining of echo and you cannot hear any echo, it is likely that you are the cause.
- Ensure you are in a quiet, distraction-free location with good lighting and minimal background noise.
- Participants should have their microphone muted, and cameras switched off when they are not speaking or not required to be seen, as directed by the judicial officer.
- If appearing by telephone, do not place the Court on hold. Speak directly into the phone or headset. Do not place the phone on speakerphone, as it will decrease audio quality.
- Ensure devices are fully charged before the hearing and have chargers nearby. Videoconferencing can drain the battery of devices.
The Courts want to establish a new procedure to confront these challenging times. The Court will strive to ensure that cases are heard safely and timely. Please be patience and courteous as the Court becomes more proficient with the new technologies and platforms. Thank you.