This summary is not the rule. The rule text controls.
Here is the rule text you need to summarize:
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Rule 9: Virtual Proceedings
9.1 Authorization. The superior court may conduct any proceeding, including any hearing, conference, or other matter, by video conference or other audio/visual technology.
9.2 Standards. The Judge shall determine whether a virtual proceeding is appropriate on a case-by-case basis. The Judge shall consider the following factors in determining whether a virtual proceeding is appropriate:
(a) The type and nature of the proceeding;
(b) Whether the proceeding involves the presentation of testimony or other evidence;
(c) Any agreement or objection by the parties;
(d) The likely length of the proceeding;
(e) The availability of appropriate audio-visual equipment and technology;
(f) Any limitations of the parties or witnesses related to technology access or usage;
(g) Any other factor relevant to the fairness and efficiency of the proceeding.
9.3 Objection. Any party may object to a virtual proceeding and shall state the reason(s) for the objection. The Judge shall consider the objection and rule on it at least three (3) days before the scheduled proceeding, unless the proceeding is scheduled less than three (3) days after the objection is filed, in which case the Judge shall rule on it as soon as practicable. If the objection is denied, the party may request a hearing on the objection.
9.4 Recording. Virtual proceedings shall be recorded by the court. The recording shall be part of the official record of the proceeding.
9.5 Participation by Incarcerated Persons. An incarcerated person may participate in a virtual proceeding only if the facility has the necessary technology and if the incarcerated person consents to participating virtually. An incarcerated person may not be compelled to participate virtually.
9.6 Preservation of Rights. All rights of the parties shall be preserved in a virtual proceeding, including the right to confront witnesses, the right to present evidence, and the right to be heard.
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Superior courts in Georgia can hold hearings and other court proceedings online using video or audio-visual technology instead of requiring everyone to appear in person. The judge decides whether a virtual proceeding makes sense for each situation by looking at things like the type of case, whether witnesses need to testify, how long the hearing will take, and whether everyone has access to the right technology.
If you do not want a virtual proceeding, you can object and tell the judge why. The judge must rule on your objection at least three days before the proceeding is scheduled. If the judge says no to your objection, you can ask for a hearing to argue your case further.
All virtual proceedings are recorded and become part of the official court record. If you are in jail or prison, you cannot be forced to participate virtually. You must agree to it, and the facility must have the right technology. No matter how a proceeding is held, your legal rights stay the same.
