Local Rule LR Gen P 5.07: Video
N.D. W.Va. — General rule
LR Gen P 5.07. Video.
(a) Video Technology: District judges, the bankruptcy judge, and magistrate judges may conduct hearings and proceedings using video telecommunications pursuant to the provisions of this Local Rule. Video hearings may be held in the following instances:
(1) Criminal proceedings consistent with LR Cr P 43.01,
(2) Civil proceedings, and
(3) Bankruptcy proceedings.
(b) Video Facilities and Equipment: During any hearing or proceeding under this Local Rule, the Court shall assure that:
(1) The facility and equipment enable counsel to be present personally with the out-of-court party and to confer privately with such party outside the reach of the camera and audio microphone.
(2) The judge must be able to fully view the out-of-court party and counsel, though not necessarily at the same time. The out-of-court party and counsel must be able to fully view the judge and all attorneys present in the courtroom, though not necessarily at the same time.
(3) The facility must have the capacity, through video equipment or through fax or e-mail, to contemporaneously transmit documents and exhibits.
(4) Color images shall be transmitted in color.
(5) The audio and video transmission shall be of such quality, design and architecture as to allow easy public viewing of all public proceedings. The use of video technology in conducting hearings and proceedings shall in no way abridge any right that the public may have to access the courtroom.
(6) The official record of any proceeding conducted using video telecommunications shall be made in a manner prescribed by the judicial officer conducting the proceedings.
(c) Counsel Duty to Notify: Absent an order to the contrary, if a party has a need to use any type of courtroom technology at a hearing or trial, including the use of document presentation equipment, video equipment, and/or audio equipment, counsel must notify the Clerk's Office of the need for the courtroom technology at least seven (7) days before the hearing or trial. Counsel shall also be responsible for testing their equipment with the courtroom technology at least three (3) days prior to the hearing or trial.