Video hearings in court allow the parties involved to hold their hearings and negotiations via a video conferencing platform instead of being physically present in the courtroom. The judges, lawyers, witnesses and other parties involved in the proceedings can communicate with each other across their respective locations. How video negotiation works may vary by jurisdiction and the technical solutions used.

In general, however, the process involves the following steps:

• Video Negotiation Agreement

The parties and the court agree on a suitable video conferencing platform or software to be used for the hearing. Here, for example, Microsoft Teams would also be a conceivable software solution that is already being used in court. Furthermore, details such as date, time and technical requirements are also specified for all those involved.

• Preparation of the technique

Each party ensures that they have the necessary technology to participate in the video negotiation. This usually includes a computer or mobile device with a camera, microphone and a stable Internet connection with sufficient bandwidth to be able to send and receive video and audio signals with as little loss as possible.

• Dial-in to the video conference

At the agreed time, the participants dial into the video conference and connect with each other. This can be done by receiving an invitation link or entering a specific access code.

• court hearing

The hearing itself basically takes place in a similar way to a conventional court hearing. Participants have the opportunity to present their arguments, question witnesses and present evidence. In the case of evidence that is only available in physical form, this can be made available to the court in advance. This is part of the preparation for the video negotiation. The communication itself takes place via the video conferencing platform, often with a moderator or judge directing the interactions and determining the order of speakers.

• documentation

Important aspects of the video negotiation are documented, for example through recordings of the video conference or minutes of the topics discussed and decisions.

It should be noted that the exact procedural rules for video hearings may differ from court to court. Compliance with applicable laws and procedural rules remains of great importance in video hearings in court to ensure fair and just trials.

The digitization of the justice system is an ongoing process aimed at making the courts more efficient and accessible to operate. As of today, May 2023, a lot of progress has been made, but there are still some challenges. Although most courts have at least one video conferencing system, technical problems still occur from time to time. For example, there are cases where cameras are positioned to capture either just the judges’ bench or just the litigants, but not both at the same time.

If one party participates via video while the other is physically present in the courtroom, there is a clear disadvantage. It is not possible to see what is happening on the screen at a glance, although it may be interesting to see the reactions of the opposing lawyers or the judge’s facial expressions.

Several initiatives have already been launched to digitize the justice system. This includes the introduction of electronic court files, allowing parties to submit and access documents online. This helps reduce paperwork and improves the efficiency and speed with which cases can be processed. However, in many cases one stands in one’s own way in order to accelerate digitization in the judicial system as well.

Another problem relates to scheduling: the use of the video systems requires timely applications and the reservation of the appropriate room or a mobile unit. Although a second video system will soon be ready for use at LG Bielefeld, only one video hearing can be carried out at the moment – and that is due to the software. A spokesman explains: “We only have a virtual room“.

There are already calls from various sources, including the German Bar Association and the German Association of Judges, for the courts to be better equipped. Even so, the judiciary will probably still have to do a lot of convincing to ensure that the technology is actually used – both internally and externally.

Digital files are a key aspect of digitization in courts, helping to make the justice system more efficient and accessible. The digitization of files involves the creation, storage and transmission of court files in digital form. This can include various types of documents, including applications, notices, testimonies, evidence and court decisions.

But here, too, a very uneven picture emerges among the federal states. Because the judiciary can only work with what it has. The financial resources are just as important here as the training and further education of those involved. For example, on January 30, 2023, the Hanau Regional Court was equipped with the introduction of the electronic file. From March 1, 2023, the electronic file will then only be used there for new entries.

In addition, it is planned to gradually make the electronic file available to all other regional courts and first-instance social courts in Hesse by summer 2023. The digitization of the Hessian judiciary is progressing successfully, but there is still a long way to go before we can speak of nationwide digitization in German courts!

The use of video hearings in court has several key benefits that are obvious and can contribute to increased efficiency, accessibility and flexibility in the justice system.

• Time and cost efficiency

Traveling to court dates, especially over long distances, can take a significant amount of time and money. Video hearings eliminate travel time and expense for attorneys, parties, witnesses and other stakeholders.

• flexibility and accessibility

Video negotiations allow participants to participate from anywhere, as long as there is an internet connection. This also opens up the justice system to people who, for physical or logistical reasons, find it difficult to appear in court in person.

• Security

Especially in times of pandemics or other health threats, video negotiations can offer a safer alternative to face-to-face meetings. They reduce the risk of disease transmission and can help court proceedings continue despite health or safety concerns.

• efficiency of the procedures

It’s no secret that the courts in Germany are overloaded. It often takes months before a court hearing can even take place. Here, video hearings can help to reduce the backlog of cases by increasing the availability of judges, lawyers and parties. They also offer the opportunity to conduct short-term hearings that would otherwise be difficult to organize due to travel restrictions.

• recording and reviewing ability

Video hearings can be recorded and stored, and later also evaluated, making it easier to review evidence and statements. This would lead to increased transparency and accountability in court proceedings.

However, it is important to note that the implementation of video hearings must be carefully planned and executed to protect the rights of all parties and ensure the fairness and justice of the process. But with the right infrastructure and training, the increasing use of video hearings can be a valuable tool in making the German justice system more modern and efficient.

While video negotiation can offer numerous benefits, there are of course legitimate concerns and challenges that need to be considered and balanced with the benefits (which, in my view, outweigh them):

• Technical difficulties

Not everyone involved may have access to reliable technology or an adequate internet connection, which can result in interruptions or poor quality in the video transmission. Such technical problems would unilaterally reduce the fairness of the hearings if they interfered with an attorney’s or witness’s ability to speak effectively.

• Privacy and Security

The security of the transmitted information is another concern. Appropriate precautions must be taken to ensure that video connections are secure and confidential information is protected.

It is crucial that these concerns are carefully weighed against the benefits to ensure that the use of video negotiation does not lead to unfair outcomes. This requires careful planning, regulation and training, as well as investment in technology and infrastructure. First and foremost, however, it is important that digitization progresses in the German judicial system. From my point of view, a more important step before prioritizing video hearings would be the mandatory implementation of digital files in the courts.

Because mountains of paper files, which of course cannot be searched for content as easily as a digital file, take up an enormous amount of time and cause the already overburdened judicial system to remain stuck in a backlog.