The judge sits in his usual place at the front of the courtroom. However, he is looking at a Microsoft Teams call instead of a room full of people. The three lawyers involved in the case are connected from law firms in Berlin, Stuttgart, and Munich. The case concerns a dispute over the installation of a photovoltaic system.
Digital Court Hearings Now the Norm
For Jens Rogler, Presiding Judge at the Nuremberg-Fürth Regional Court, digital court hearings have now become the norm. Lawyers frequently inquire with the court about the possibility of holding the hearing online. “If the technical capacity is available and the case is suitable, a video hearing is usually permitted,” said Judge Jens Rogler. The participants can join by video, but they are not required to do so. There is always the option to be physically present in the courtroom.
Nearly 30 Percent of All Courtrooms Equipped with Video Conferencing Systems
All courts in Bavaria now have access to one or more video conferencing systems. Of the approximately 700 courtrooms currently in Bavaria, about 200 are now equipped with video conferencing systems, representing nearly 30 percent. As part of its “Digital Offensive,” the Ministry has invested around €47 million in modernizing courtrooms, with €7 million of that spent specifically on video conferencing equipment.
18,000 Digital Court Hearings in 2024
Consequently, the number of video hearings and depositions has risen steadily in recent years, according to Bavarian Minister of Justice Georg Eisenreich. To date, over 55,000 video hearings and depositions have been conducted, with approximately 18,000 taking place last year alone. In Bavaria, around 10,000 hearings and depositions had been conducted digitally by June of this year, primarily in civil proceedings. The Bavarian Ministry of Justice expects this number to increase significantly in the coming years.
Lower Costs and More Flexible Proceedings
The “Digital Offensive” primarily benefits clients and lawyers. Appointments can be scheduled more flexibly, and no one has to travel long distances, for instance, by taking a flight for a very brief court date. Prisoners can also be connected from correctional facilities, eliminating the need for prisoner transports. “This saves our clients time, money, and often stress as well. It’s always easier to sit in front of a camera than to speak directly with the opposing party,” said family law attorney Renate Maltry from the German Women Lawyers Association.
Technical Issues and In-Person Assessments
However, the technology does not always work as intended. Furthermore, video transmission reaches its limits particularly in situations where perception using all senses is necessary, according to criminal defense attorney Michaela Landgraf from the Bavarian Bar Association. “You can assess a witness in taking evidence quite differently if you are sitting opposite them in person, if you can question them directly,” the defense attorney stated. Therefore, the final decision for or against an online hearing ultimately lies with the presiding judges.
Although digital court hearings have become increasingly common in Bavaria in recent years—especially since COVID-19—analogue hearings and depositions will likely never be completely replaceable.
The principle of public access also applies to online hearings. Interested members of the public can still be present in the courtroom to observe. In lay judge proceedings, the lay judges also sit in the courtroom. However, such proceedings are rarely conducted digitally. Murder trials are also not currently conducted online. Importantly, the judges can decide for all hearings and depositions whether they should be held in person.
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