RULE 9074-1 TELEPHONE AND VIDEO CONFERENCE OR HEARING

[Amended 12/1/22]

(a) Request for Remote Attendance at Court Proceeding via Telephone or Video Technology. The Court may permit any party in interest to participate in a hearing or conference by telephone or video (via the ZoomGov court platform, or similar virtual technology prescribed by the Court). A party in interest wishing to attend either an evidentiary or non-evidentiary court proceeding by telephone or video must file the request by motion in the following manner:

(1) Evidentiary Hearings. The motion must be filed (i) no less than 21 days prior to the scheduled hearing, (ii) contain the standard LBR 1005-1(d)(1) response language, and (iii) set forth good cause for the request.

(2) Non-Evidentiary Hearings. The motion must be filed (i) no later than 3:00 p.m. the day before the scheduled hearing, (ii) pursuant to LBR 1005-1(d)(2)(P), the response time language should not be included in the motion but will be left to the discretion of the Court and (iii) set forth good cause for the request.

At any time, the Judge may vacate any previously granted motion to appear virtually or telephonically and may order such party to personally appear in court for any court proceeding.

(b) Reliance on Written Submissions and Use of Exhibits. Copies of written submissions or exhibits to be considered in connection with a matter scheduled for telephonic or video hearing shall be filed with the Clerk and served upon the parties in accordance with LBR 9070-1.

(c) Procedures for Remote Court Proceedings. The Courtroom Deputy shall coordinate any authorized remote court proceeding and will provide the parties with advanced instructions and court protocols for attendance at such remote court hearing.

(1) Decorum. The provisions of R.I. Local Rule 5072-1 governing courtroom decorum shall apply and the formalities of courtroom protocol shall be observed.

(2) Witnesses. Any witness called will be sworn in by video conference by the courtroom deputy clerk or other authorized court personnel.

(3) Identification. All parties in attendance must identify themselves and state their interest in the proceeding.

(d) Technical Requirements for Remote Court Proceeding by Video. Any video-conferencing system utilized under this rule must meet the following minimum requirements:

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

(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 the Court and the participants to observe each other’s demeanor and nonverbal expressions.

(4) Video conference facilities must provide for confidential communication between attorneys and their client.

(5) The Court must be satisfied that the equipment at the remote site is adequate and appropriate. To accomplish this, a test run between the remote site and the Court site may be conducted 24 hours prior to the commencement of the hearing, at the party's request.

(e) Recording of Court Proceeding. A video or telephone conference or hearing constitutes an official court proceeding, and any recording other than the official court version is prohibited. No party may record images or sounds from the remote location.