33-3-505 - Use of audio visual technology in judicial proceeding.
33-3-505. Use of audio visual technology in judicial proceeding.
(a) Any judicial proceeding under this title may be conducted by the use of audio visual technology as set out in this section.
(1) For proceedings under chapter 6, part 4 of this title, the use of audio visual technology is permissible at the court's discretion, but the court may grant any reasonable request by counsel, a party, or a guardian ad litem to conduct the proceedings in the physical presence of the court.
(2) For any other proceedings under this title, the use of audio visual technology is permissible with the agreement of all parties and at the court's discretion.
(b) Subject to the availability of suitable equipment and notwithstanding any provision of law to the contrary, proceedings may be conducted through two-way electronic audio-video communication without the physical presence of the defendant, plaintiff, witnesses or attorneys before the court. Any such hearing must be conducted so that:
(1) The defendant, plaintiff, and judge can see and hear each other throughout the entire hearing, except for the private communications excluded under subdivision (b)(5);
(2) The judge, defendant, plaintiff and their attorneys can see and hear all witnesses while they testify orally during the hearing;
(3) The judge, defendant, plaintiff and their attorneys can hear all questions asked of witnesses during their testimony;
(4) The judge, defendant, plaintiff and their attorneys can hear all questions, statements, objections, motions and arguments of any attorney or party participating in the hearing; and
(5) The defendant and defendant's attorney and plaintiff and plaintiff's attorney can communicate privately with each other during the hearing.
[Acts 2004, ch. 929, § 1.]