Remote hearings may be conducted in a District or County Court of the Fifth Judicial District by virtual conferencing.

   Virtual conferencing shall mean conducting, appearing in, or participating in a court proceeding by the use of video, electronic, or telephonic technology with contemporaneous interaction among the participants.

   Virtual conferencing may be authorized in any court proceeding that does not involve live witness testimony at the discretion of a District or County Court Judge within his or her courtroom. 

   Virtual conferencing, consistent with the constitutional rights of the defendant, may be authorized in any criminal court proceeding that involves live witness testimony at the discretion of a District or County Court Judge within his or her courtroom, upon a finding of good cause.

   Virtual conferencing may be authorized in any civil proceeding that involves live witness testimony at the discretion of a District or County Court Judge within his or her courtroom, upon a finding of good cause.

   A request for virtual conferencing in any court proceeding shall be filed with the court at least forty-eight (48) hours prior to the scheduled hearing.

   Any party intending to offer an exhibit in a proceeding authorized to be conducted by virtual conferencing shall deliver the exhibit to the appropriate court representative (Court Reporter, District Court Clerk, Court Bailiff, Clerk Magistrate, Courtroom Clerk, etc.) in paper form, at least forty-eight (48) hours prior to the scheduled hearing, to permit the pre-marking of the exhibit number by the court representative. The party intending to offer an exhibit in a proceeding authorized to be conducted by virtual conferencing shall provide a copy of the exhibit, as pre-marked by the court representative, to opposing counsel and self-represented litigants, at least twenty-four (24) hours prior to the scheduled hearing.

   All parties authorized to participate in a proceeding by virtual conferencing shall contact the appropriate court representative, (Court Reporter, District Court Clerk, Court Bailiff, Clerk Magistrate, Courtroom Clerk, etc.) at least twenty-four (24) hours prior to the scheduled hearing, to obtain instructions and an invitation to participate in the proceeding by virtual conferencing.

   Supreme Court Rules and Local Rules of the Fifth District governing courtroom conduct, decorum, attendance, and attire shall apply to all court proceedings conducted by virtual conferencing.

Rule 5-19 approved November 9, 2020.