TCT.2.9.080 Telephone and Audiovisual Proceedings

(a) On its own motion or motion of any party the Court may conduct any proceeding by telephone or audiovisual means. Any party seeking to appear in person or by counsel by telephone or audiovisual means shall secure the consent of the Court. Any party may object to such appearance, and the Court shall then determine if such appearance shall be allowed. Any party wishing to present evidence by telephone or audiovisual means shall either secure the consent of the other party or provide notice to the other party that unless objection is received within the time set by the court the court may receive such evidence by telephone or audiovisual means.

(b) In determining whether to conduct a proceeding, allow an appearance, or allow evidence to be presented by telephone or audiovisual means the court shall consider the following:

(1) Whether all parties have requested or consented to such procedure;

(2) The availability of adequate equipment;

(3) Whether any undue surprise or prejudice would result;

(4) Whether there is good reason for the individual appearing by telephone or audiovisual means not to be physically present in court;

(5) The convenience and expense to the court, parties, and witnesses;

(6) Whether the appearance of a witness by telephone or audiovisual means will allow full and effective cross-examination and access to relevant documents and other exhibits.

(7) The importance of presenting the testimony of a witness in open court, in order to observe demeanor, or in order to maintain the solemnity of proceedings and impress on the witness the duty to testify truthfully;

(8) Where the judge is participating by telephone or audiovisual means, the above factors as applicable, and the cost/benefit comparison of proceeding by telephone or audiovisual means or otherwise; and

(9) Any other factor the court deems relevant.

(c) If testimony is offered by telephone or audiovisual means, the proceedings shall be simultaneously recorded either by stenographic or electronic means. Any proceeding required to be conducted in open court shall be conducted in such a way that any interested observers may hear the proceedings.