38 Administrative Order No. 38. Remote Proceedings in the Criminal Division
Administrative Orders of the Supreme Court
Rule Text
Section I. Authorizations and Requirements. Notwithstanding any rule or provision to the contrary in the Criminal Division:
(a) Proceedings in Which a Defendant’s Presence Is Not Required. In proceedings such as status conferences, and other proceedings where the presence of the defendant is not required by law, on its own motion, the court may:
(1) preside remotely;
(2) require parties, witnesses, counsel, or other necessary persons to participate remotely by audio or video conference upon reasonable notice.
(b) Proceedings in Which a Defendant’s Presence Is Required. In proceedings where the presence of a defendant is required by law, including but not limited to jury or court trials, the jury draw proceeding, contested violation of probation hearings on the merits, sentencing hearings, and contested hearings involving witnesses whom the defendant has the right to cross-examine, the court may:
(1) preside remotely, upon agreement of the parties;
(2) use audio or video technology to effect the appearance of parties, witnesses, counsel, or other necessary persons, upon agreement of the parties.
(c) Factors. In determining whether to allow a witness to provide testimony by remote audio or video by agreement of the parties under (b)(2), the parties and the court must observe the requirements of V.R.Cr.P. 26.2.
Section II. Technical Standards. The technical standards in Administrative Order No. 47 apply to remote proceedings by video or audio conference under this Order.