Rule 11-1 Telephone and Video Conferencing

(a) Use of Remote Conferencing Generally. The Court may, in its sole discretion and on its own motion or upon the request of any party, conduct pre-trial or post-trial proceedings by telephone or video conference. The Judge may specify any of the following regarding a pre-trial or post-trial telephone or video conference:

(1) The time and the person who will initiate the conference.

(2) The party who is to incur the initial expense of the conference, if any, or the apportionment of such costs among the parties, if any. The Court may adjust the apportionment of such costs upon final resolution of the case.

(3) Any other matter or requirement necessary to accomplish or facilitate the telephone or video conference.

(b) Personal Appearance. Nothing in this rule shall preclude the Judge from ordering a party, witness, or other individual to personally appear in the Court for any hearing or proceeding.

(c) Confidential Attorney-Client Communication. If telephone or video conferencing is used, the Court shall preserve the confidentiality of attorney-client communications and privilege in accordance with Georgia law.

(d) Witnesses. In any pending matter, a witness may testify via video conference. Any party desiring to call a witness by video conference shall promptly file a notice of intent to present testimony by video conference at least 14 days before the date such testimony is scheduled. Any other party may file an objection to the testimony of a witness by video conference within ten days after the date the notice of intent is filed. The discretion to allow testimony via video conference shall rest with the Judge.

(e) Recording of Hearings. A record of any proceeding conducted by telephone or video conference shall be made in the same manner as a similar proceeding not conducted by telephone or video conference (e.g., by court reporter). The proceedings conducted by telephone or video conference may be recorded by the Court or Court-authorized personnel using an audio-visual recording system, and such recording shall become part of the record of the case. Such recording shall be transmitted to the applicable appellate court if the case is appealed.

(f) Technical Standards. Any video-conferencing system utilized under this rule shall conform to all the following minimum requirements:

(1) All participants must be able to see, hear, and communicate with each other simultaneously.

(2) All participants must be able to see, hear, and otherwise observe any physical evidence or exhibits presented during the proceeding, either by video, facsimile, or other method.

(3) Video quality must be adequate to allow participants to observe each other's demeanor and nonverbal communications.

(g) Public Access. The location from where the Judge is presiding shall be accessible to the public to the same extent as such proceeding would be if not conducted by telephone or video conference. The Court shall accommodate any reasonable request by an interested party to observe the proceeding.