Rule 14 Remote Proceedings

A. Definitions

1. A “ remote proceeding” is any proceeding, including without limitation entire proceedings or parts of it, using telephone or videoconferencing capabilities to allow case participants to appear virtually.

2. A “case participant” includes the judge presiding over the case, court staff, parties, lawyers, guardians ad litem, witnesses, experts, interpreters, and any other persons the judge determines are directly related to the case.

3. A “testimonial proceeding” is a proceeding in which the judge receives sworn oral testimony.

B. Authority in Non-Testimonial Proceedings.

In all non-testimonial hearings or conferences, a court may, upon request or on its own order, conduct the hearing or conference as a remote proceeding.

C. Authority in Testimonial Proceedings.

A court must conduct all testimonial proceedings in person except that a court may conduct the proceedings remotely for all or some of the case participants for good cause shown or by agreement of the parties. Remote proceedings must comply with constitutional and statutory guarantees.

D. Opportunity for Confidential Communication.

During a remote proceeding, a court must provide the opportunity for confidential communication between a party and the party’s counsel.

E. Record.

A court must create a record of the proceeding sufficient to enable a transcript to be produced for the Record on Appeal.

F. Oaths.

Court reporters and other persons qualified to administer an oath in the State of Indiana may swear a person remotely provided the person is positively identified.