13.1. MODALITIES OF ACTIONS WITH USE OF VIDEOCONFERENCE Without prejudice to the regulations in force for in-person judicial actions, this Protocol will apply to the following types of modalities by videoconference:
a. Totally virtual. The carrying out and participation in all phases or steps that must be performed, will be done through technological platforms authorized by the Judicial Branch.
b. Partially virtual. The judge will determine which evidence or phases of the action must be conducted in-person and which by videoconference. As far as possible, they must be carried out on consecutive days, in accordance with the agrarian procedural rules and the supplementary applicable rules.
In in-person actions, whether at the place of the events or at a judicial headquarters, the sanitary and security rules must be complied with, especially those indicated by the competent authorities. The relevant location will be determined by the court, depending on the specific case.
13.2. REGARDING THE LOCATION AND CONDITIONS OF THE TECHNOLOGICAL EQUIPMENT 13.2.1. Rules for all participating persons Any person who participates in the judicial action, regarding the location where they are and the technological equipment, must:
- 1)Silence the sounds of telephones and other devices before the start of the action.
- 2)Have the technological equipment that they will use in optimal conditions of energy charge and procure alternative energy sources.
- 3)Remain in a space adequate in terms of lighting and non-interference from noise and echo. It is recommended to use headphones. It is not recommended to position oneself against the light of a window or with lighting on the person. Lights or windows should preferably be in front.
- 4)Situate the video camera appropriately, which must be placed at the level of the eyes and allow the person and their immediate environment to be adequately visualized.
- 5)On domestic networks, during the action, sharing it must be avoided, unless the contracted speed allows doing so without causing interruptions to the development of the action.
13.2.2. Rules for judges and technical personnel The Office personnel – judge and technical personnel –, regarding the location and the technological equipment, must verify and ensure compliance with sanitary measures, whether it is carried out from the Office Headquarters, the rooms arranged for that purpose, the location where they telework, or any other determined by the judge.
13.2.3. Rules for lawyers and parties 1) The parties and their lawyers may participate from the site where they carry out their work, their homes, or rooms arranged for that purpose by the Judicial Branch. The parties may participate from the offices of their lawyers, provided that sanitary measures are respected.
It will not be necessary for the party and their lawyer to be in the same location. In such case, they may connect independently following the guidelines established here and the specific ones ordered by the court. For procedural acts to be carried out with persons located abroad, what is established in the legal system will be followed.
- 2)Any of the parties may be accompanied if a state of vulnerability or special particularity that merits it is justified.
13.2.4. Rules for declarants (parties, witnesses, 1) Persons who must give a statement will do so in an adequate space, according to the rules above.
- 2)In the case of the parties, while they declare, they must be isolated or placed in a way that allows visualizing that their statement is free, voluntary, and in accordance with what the applicable procedural rules require.
- 3)If they are persons different from the parties, they must remain isolated by virtual or in-person means until the moment they give their statement.
- 4)When translator or interpreter persons participate, if they are not in the same enclosure, adequate communication must be guaranteed to perform their task.
- 5)The court will ensure that the declarants do not have direct contact with the parties or with third persons, to avoid some type of instruction or insinuation of what they are going to declare.
- 6)The court must verify that at least the following is complied with:
a. The camera must be located on a table against the wall.
b. During the statement, the person will be seated facing the camera with their hands visible and looking at the camera. The technological device must be located, if possible, in a position that allows the court to visualize the person in the described manner and the entrance door to the enclosure.
c. The enclosure must remain closed during the time the court so requires. At any moment, the declarant may be requested to show it, as well as to share their screen.
d. The person may not use other electronic instruments or consultation tools, except in cases where it is legally permitted at the court's discretion.
e. If there are various persons who must give statements in the same action, unless the court orders otherwise, they must be connected at the start time, for the purpose of verifying their attendance. They may not disconnect until the court authorizes it. For the reception of these statements, different times or even days may be arranged, in accordance with the agrarian procedural rules and supplementary application.
13.2.5. Rules if the action is carried out partially virtually, at the place of the conflict, or at the Office headquarters. When any evidence or phases of the action must be carried out at the place in conflict or at the court headquarters, in-person, the provisions of the competent authorities and what is prescribed in the section titled "Basic Rules for In-Person Actions During the Emergency" must be respected.
Depending on the circumstances of the place and the type of proceeding, the judge may take other pertinent measures, to safeguard the health of the persons.
In case the security measures cannot be complied with or are disrespected, the court must determine if the inconvenience can be solved for the continuation of the action, or if it should be postponed or suspended.
13.2.6. Rules for the accessibility of persons in a state of vulnerability and actions in indigenous territory 1) In judicial actions in which a person in conditions of vulnerability or with special needs intervenes, the court must take the precautions for their adequate participation, in accordance with the technological resources and institutional accessibility policies. The provisions of circular 173-2019 of the Supreme Court of Justice and related circulars must be considered.
- 2)Except for acts of God or force majeure, it is the obligation of the interested person to inform the Office, in a timely manner, of their personal situation.
- 3)In the case of indigenous persons, all the directives of the Judicial Branch must be complied with. If the judicial action must be carried out within an indigenous territory, the directives of circular 103-2020 of the Judicial Branch and other related directives for this purpose must additionally be complied with.
13.3. SUPPORT FOR THE JUDICIAL ACTION Forms of supporting judicial actions:
1. They will be recorded in audio and if possible in video, through SIGAO (Oral Hearings Recording System of the Judicial Branch) or another system or platform authorized by the Judicial Branch.
The recording, as far as possible, must be incorporated into the judicial case file upon finishing the procedural act. The judicial technical person who provides assistance to the court must carry out the tagging of the acts or steps performed, according to institutional directives.
2. In case of loss of the recording, the procedure will be in accordance with what is established in the agrarian procedural rules and supplementary applicable rules.
3. The recording of the audio (and if possible the image) of those who participate in the action may only be carried out by the directing jurisdictional body. Any recording made by other participating persons will require the express authorization of the person being recorded, out of respect for personality rights.
4. In addition to the recording, the attendance records from the Microsoft Teams tool or from the platform used may be incorporated into the virtual desktop, ex officio or at the request of a party, when it is technologically possible to download them, within the term that the system allows (90 days in the cited one).
13.4. PUBLICITY OF THE JUDICIAL ACTION 1. In accordance with the agrarian procedural rules and the supplementary applicable rules, publicity is a principle of the agrarian process. In case a virtual action must be private, totally or partially, the decision must be motivated. The conciliation stage or hearing will always be private. Likewise, it may be ordered that in-person actions, for sanitary and security reasons, be carried out without the public.
2. The public may attend the action virtually, but will not be considered a participant for the purposes of this Protocol. For this, the interested person must request inclusion with at least 72 hours in advance, by means of a phone call, email addressed to the Office, or in person. Along with their request, they must indicate an email to which the invitation link will be sent.
3. The participation of the public linked to a party may be managed by their directing lawyer.
4. The public may not intervene in the action. They will remain with their microphone and video off. If they interrupt, they will be excluded. For carrying out conciliation or another act that merits it, the court will arrange the necessary precautions to guarantee privacy.
13.5. CONTENT OF THE RESOLUTIONS THAT GIVE NOTICE AND SCHEDULE TOTAL OR PARTIAL VIRTUAL JUDICIAL ACTIONS The judge must issue the following resolutions:
1. Consultation with the parties to verify impediments to conducting a judicial action by videoconference.
Minimum content of the resolution:
- a)Consult the parties to verify the possibility of carrying out the action and the appropriate period to respond (three days is recommended, except for special situations that merit a longer or shorter period).
- b)Indication that the acceptance of the parties does not imply that the remaining actions to be performed will be carried out under this same modality.
- c)Inform about the application that will be used and the necessary technical requirements.
- d)Electronic address through which they can join the Microsoft Teams meeting or another digital platform authorized by the Judicial Branch.
- e)Institutional electronic address where they can download the manual for using the Microsoft Teams tool or other authorized one.
- f)Indication of the alternatives provided by the Judicial Office, in the event that the lawyers, the parties, or any of the intervenors do not have the tool.
- g)In case a judicial inspection (reconocimiento judicial) or trial must be held at the place of the conflict, they must be advised to indicate the conditions of the place and if it allows compliance with the directives of the competent authorities in relation to COVID-19.
- h)The circular number of this protocol, electronic address, or virtual means to obtain it, and the warning of its mandatory reading.
- i)Warning that if they do not respond, their consent will be understood and that the action will be carried out with the party that appears, when possible in accordance with the applicable legislation.
2. Decision to use the virtual modality —totally or partially— and its scheduling:
Once the consultation has been answered or the deadline for doing so has expired, the judging person must provide a reasoned ruling on the objections or petitions of the participants to apply the virtual modality (by videoconference), partially or totally, and those that are unfounded must be rejected. They must also consider solutions to overcome the impediments expressed by the parties. If it is possible to hold it virtually —totally or partially—, the proceeding shall be scheduled, specifying the purpose of the in-person portion and what will be done by videoconference. If it is appropriate to reduce some type of evidence, such as witness evidence, the quantity that will be admitted must be indicated at once, unless a single hearing is held. In the latter case, it must be warned that any eventual declarants comply with the connectivity provisions of this Protocol.
Minimum content of the ruling:
- a)Reasoned decision on the grounds why it is possible to conduct the proceeding by videoconference, when the parties' objections are not admissible.
- b)Scheduling of the proceeding: date, time, and place where they must appear.
- c)Date and time of the connectivity test prior to the proceeding.
- d)Request to the parties to immediately inform the Court’s telephone number of any unforeseen inconvenience that prevents the holding of the act.
- e)Warning to the parties to indicate the required data of the participating persons, especially email address, for the purpose of including them in the corresponding summons. Also, the telephone number for contacting them before or during the proceeding, which, if the party so requests, may be provided through the Court’s email and required to be kept unpublicized. It is recommended to grant a period of three days (except in special situations warranting a shorter period).
- f)Warning about the consequences of omitting to connect on the day and time set for the proceeding, in accordance with the applicable agrarian and supplementary procedural regulations.
- g)The parties must be warned about the consequence of not taking the necessary precautions so that the declarants connect in a timely manner and comply with the required demands, or, as the case may be, appear punctually at the place where they must render their declaration.
- h)Warning to give due notice, prior to the holding of the proceeding, about any special needs that the parties or those who will appear may have, due to being in a situation of vulnerability or a particular situation.
- i)Urging the parties so that, in the event of rescheduling or suspension of the proceeding, as well as a possible extrajudicial settlement or conciliation, they notify the Court with due anticipation.
- j)Warning to give due notice, within a prudential period of at least three days following the communication of the date of the proceeding, of whether the lawyer has another previously scheduled hearing.
- k)Informing the parties that in the event that justifications for the non-attendance of participants due to lack or failure of connectivity are presented, the pertinent proof must be submitted. The court reserves the possibility of corroborating the situation.
- l)Informing that the conciliation hearing will be private, will not be recorded, and that if there is a participating public, they must disconnect during that stage.
13.6. HOLDING OF THE PROCEEDING 1. Verification of the connection. At the established time and date, the judging person, with the assistance of the judicial technical person, will proceed to verify that the participating persons are connected to the enabled technological application. If anyone fails to connect and does not inform the Court of any inconvenience, a record of this shall be made in the case file, and if necessary, the pertinent matter shall be resolved.
2. Admission and identification of the participating persons.
- a)When the participating person enters, they must enter their full name in the system.
- b)During the development of the proceeding, the participating persons must have their video camera on, even if the recording is audio-only.
- c)Microphones must be off, and participants may only turn them on when authorized to speak by the judging person in charge of the proceeding.
- d)In the same room, there cannot be two connections with audio turned on to avoid interference.
- e)In the event of presenting documents or new evidence during the proceeding, they must be shared scanned and in PDF (portable document format) through the Online Management System (Gestión en Línea, GL) or by email authorized by the Judicial Branch, to be incorporated into the virtual case file (Supreme Court of Justice circulars 23-2020 and 90-2020).
- f)In the event that any of the persons does not meet the minimum requirements regarding place or attire, the corresponding measures shall be taken.
- g)The procedure in the event of service interruption shall be informed to the parties. When this occurs, all participating persons must be contacted immediately via the previously provided telephone number to determine the continuation of the act, its temporary suspension, or whatever is appropriate.
- h)The instructions to follow in case it is necessary to request a recess for any reason, by agreement of the parties, or due to fortuitous event or force majeure shall be given.
- i)The judging persons in charge of the proceeding may use their legal and regulatory powers in the event of non-compliance with the rules stipulated in this Protocol.
3. Verification of participants for recording purposes. Once the connection of the participating persons is verified, the judging person shall welcome them and request their identification. To this end, each person must bring their face close to the camera, verbally state their full name, identification number, and specify their role in the process. Additionally, they shall show their identity document and, in the case of lawyers, their bar association membership card.
When the judging person considers it necessary, the identity document may be checked against the identity card account at the Supreme Electoral Tribunal (Tribunal Supremo de Elecciones) or with the Directorate of Migration and Foreigners. Likewise, with the respective Bar Association, in the case of lawyers.
4. Conclusion of the proceeding. Upon concluding the proceeding, the assisting judicial technical person shall incorporate into the electronic case file a copy of the recording, with its tags, unless it is on video and the system does not allow it, in which case it shall be kept in the court's archive. Those who have the right to obtain a digital copy of the proceedings, and cannot travel to the Court due to health reasons from a local or national emergency, the Court may, if possible, send them a copy by other digital means.
5. Problems with the recordings. If during the proceeding a recording problem arises, the judging person shall decide the appropriate action, either correcting it or asking the person to reiterate their statement. If the proceeding has concluded, the rules for the replacement of proceedings shall apply.