Date
To:
[ADDRESS]
From:
[ADDRESS]
CC:
[ADDRESS]
RE: OBJECTING VIRTUAL TRIAL
Pursuant to the ongoing case that involves child custody and child support first filed on _____ [Date] by the plaintiff, Mrs. /M.s ________________, the purpose of this letter is to object to the virtual trial for reasons to be mentioned hereafter.
Due to the COVID-19 pandemic, it has become hard for the courts to operate as they used to before the pandemic. Despite my efforts to stop the suggestion made by the plaintiff of having a virtual trial and instead, postpone this case till the time it would be convenient for all of us to go before the court, my efforts have since been rendered futile. I am a strong believer of justice and fairness in every case especially those that involve delicate subjects like children. Such matters should be handled with care and the confidentiality they deserve. However, having a virtual trial will not guarantee this. The following reasons deter me from accepting virtual trial as a fair and just trial for me and the child involved. The reasons include the following;
- I, as the defendant do not know how to use videoconferencing software. I don’t use Zoom or similar programs or apps and would not know how to work with the software. Such uncertainties will make it hard for me to argue my case as I should therefore my right to a fair trial will have been compromised indirectly by forcing me to use a technology I am not familiar with.
- My computer is old and slow. There could be technical difficulties such as accessing the program or hearing the people on the other side. I am not certain if I will manage to hear the proceedings well and if my computer will support the whole proceeding in a satisfactory manner.
- Since this is a sensitive matter that involves a minor, I would not be able to see who is on the other side listening to the proceedings. Since it is being done online, the issue of privacy comes into question. I believe that virtual conference can be taped and circulated which is a threat to my privacy and the privacy of the matter at hand.
- My information relating to my private life is personal. I do not share confidential financial records with other people I am not sure of. If the trial is to happen at the comfort of our homes, then here is no guarantee that an unauthorized third party may not be listening to the trial. These documents in question before the court contain my name, social security number, account numbers and account balances. This is a huge threat on my privacy.
- I would like legal representation. I would not be able to have an attorney present or have a conversation with an attorney during the case. This is disadvantageous to me given the fact that the other party has a legal representative who is well versed with the law unlike me who needs legal assistance for me to understand legal issues.
- Lastly, a virtual trial would not provide me with a fair trial and would have negative consequences for me. I am in no rush and can wait until the courts open when there is no public health risk. To point out, the child is already under the custody of the plaintiff for now. Rushing this trial violates my rights to have a fair trial and due process.
For those reasons that I deem reasonable enough to make the court postpone or delay the trial, I would kindly request the court together with the counsel for the plaintiff to consider postponing the trial until it is safe to proceed with the case.
Thank you very much for considering this request and I look forward to hearing from you.
Sincerely
[Your NAME]
Defendant
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