Pursuant to Land Court Standing Order 7-20, the previous standing orders of the Land Court and the emergency orders of the Supreme Judicial Court governing the conduct of bench trials during the Covid-19 pandemic, the court has ordered the trial of this matter to take place by Zoom videoconference, unless otherwise ordered. The conduct of the trial by videoconference will require the court, counsel and the parties to make allowances and special preparations for the efficient trial of this matter. Accordingly, the court ORDERS as follows:
1. The trial will be conducted by Zoom videoconference. Access for viewing for those not participating as attorneys or witnesses will be available either by a video livestreaming service (e.g. a YouTube channel) or a public access telephone bridge line, depending on the court's operational capabilities and resources at the time of trial.
2. The sessions clerk will send e-mail invitations to counsel, including a meeting link, meeting ID and password, if applicable. The sessions clerk will also provide counsel with information on how the public may access the proceeding, either in the form of a link for a livestreaming video service (e.g. YouTube channel) or public access telephone bridge line, depending on the court's operational capabilities and resources at the time of trial. Counsel will be expected to provide the Zoom meeting link to their clients and to witnesses, but are prohibited from distributing the meeting link further without express permission of the court. Non-trial participants and members of the public will only be permitted to use the public access method to view or listen to the proceedings.
3. The proceedings will be recorded on the court's FTR recording system, and the sessions clerk will be permitted to interrupt proceedings if he or she is unable to adequately see or hear a participant. The parties need not retain a court reporter. Participants will not be permitted to record the proceedings using the Zoom recording feature or any other method of recording.
4. The sessions clerk will serve as the "host" of the videoconference trial. Trial counsel and witnesses will be admitted to the trial from a virtual waiting room. Counsel and all other participants shall have their own full name showing on their Zoom screen. Counsel and all witnesses while testifying shall remain visible on screen at all times, and all participants shall mute their microphones when they are not actively participating. If there is more than one counsel for a party, only one counsel for that party shall have his or her microphone unmuted during witness testimony.
5. At least three days prior trial, counsel will provide the court with separate binders containing all agreed and contested exhibits. Agreed exhibits shall be numbered with Arabic numbers, and there shall be a list of all exhibits included with the binder. Contested exhibits shall be similarly contained in a binder and marked for identification with letters. Plans and other large-scale exhibits shall be folded and included in the binders in sleeves.
6. Counsel shall, prior to trial, provide binders with the agreed and contested exhibits to all witnesses expected to testify at trial. At trial, counsel will be permitted to display exhibits, using the "share screen" feature, at the court's discretion.
7. Counsel shall have available by the time of trial, electronic versions of all documents, other than agreed or contested exhibits, they reasonably expect to use as chalks, or for impeachment purposes, or otherwise expect to use in direct or cross-examination. Counsel will be permitted to use the share screen feature to display such documents during trial.
8. Counsel, parties, and all others are prohibited from privately communicating with witnesses through text, private chat, or in any other manner while witnesses are testifying.
9. Witnesses are prohibited from privately communicating with anyone by text, private chat, or in any other manner while they are testifying. Witnesses are further prohibited from holding, having, referring to or using any notes, paperwork or other aids while they are testifying unless such notes, paperwork or other aids have been made available to counsel for all parties prior to trial. Witnesses are further prohibited from having anyone in the same room with them while they are testifying unless that person is another trial participant who is also on-screen. Counsel are required to advise their clients and their witnesses of these prohibitions prior to trial. Witnesses will be asked at the time of their testimony to certify under oath their compliance with the terms of this paragraph.
10. Counsel making objections shall, in lieu of standing, raise a hand in addition to making a verbal indication of their objection.
11. Counsel shall be responsible for ensuring that they and their witnesses have adequate facilities for viable participation in this proceeding, including adequate camera capabilities and lighting, adequate microphones, and access to appropriate computer equipment and software. Counsel or witnesses who cannot be adequately seen or heard by the other participants in the trial will not be permitted to participate until they can be adequately seen and heard to the court's reasonable satisfaction.
12. Counsel shall be responsible for ensuring that their clients and their witnesses are familiar with the requirements of this Order prior to trial
SO ORDERED
WELLS FARGO BANK, N.A., Plaintiffs v. TOWN OF WILMINGTON, COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, EXECUTIVE OFFICE OF HEATH AND HUMAN SERVICES, and JOSEPH B. SOLANS, Administrator of the Estate of Ann Billingsley, Defendants