Rule 6.006 - Video and Audio Proceedings(A) Generally. (1) Except as otherwise provided by this rule, the use of videoconferencing technology under this rule is subject to MCR 2.407.(2) A court may, at the request of any participant, or sua sponte, allow the use of videoconferencing technology by any participant in any criminal proceeding.(3) When determining whether to utilize videoconferencing technology, the court shall consider constitutional requirements, in addition to the factors contained in MCR 2.407.(4) This rule does not supersede a participant's ability to participate by telephonic means under MCR 2.402.(B) Mode of Proceedings in Cases Cognizable in the Circuit Court (1) Generally. Circuit courts may use videoconferencing technology to conduct any non-evidentiary or trial proceeding.(2) Preferred Mode. The use of videoconferencing technology shall be preferred for the following proceedings: (a) initial arraignments on the information;(b) pretrial conferences;(c) motions pursuant to MCR 2.119; and(d) pleas. As used in this subrule, "preferred" means scheduled to be conducted remotely subject to a request under MCR 2.407(B)(4) to appear in person by any participant, including a victim as defined by the William Van Regenmorter Crime Victim's Rights Act, MCL 780.751et seq., or a determination by the court that a case is not suited for videoconferencing under MCR 2.407(B)(5).
(3) Presumed Mode. In all other proceedings, the in-person appearance of the parties, witnesses, and other participants is presumed.(4) Trials. Notwithstanding any other provisions of these rules, the use of videoconferencing technology shall not be used in bench or jury trials, or any proceeding wherein the testimony of witnesses or presentation of evidence may occur, except in the discretion of the court after all parties have had notice and an opportunity to be heard on the use of videoconferencing technology.(5) In-Person Demand. Nothing in this rule prevents a defendant, who otherwise has the right to appear in person, from demanding to physically appear in person for any proceeding. If there is a demand to appear in person, or a participant is found to be unable to adequately use the technology, to hear or understand or be heard or understood, the presiding judge and any attorney of record for said participant must appear in person with the participant for said proceeding. Subject to MCR 2.407(B)(5), the court must allow other participants to participate using videoconferencing technology.(C) Mode of Proceedings in Cases Cognizable in the District and Municipal Court (1) Preferred Mode. The use of videoconferencing technology shall be the preferred mode for conducting arraignments and probable cause conferences for in-custody defendants. As used in this subrule, "preferred" means scheduled to be conducted remotely subject to a request under MCR 2.407(B)(4) to appear in person by any participant, including a victim as defined by the William Van Regenmorter Crime Victim's Rights Act, MCL 780.751et seq., or a determination by the court that a case is not suited for videoconferencing under MCR 2.407(B)(5).(2) Presumed Mode. In all other criminal proceedings, the in-person appearance of parties, witnesses, and other participants is presumed.(3) Videoconferencing Technology Prohibited. Notwithstanding any other provision of these rules and subject to constitutional rights, the use of videoconferencing technology shall not be used in evidentiary hearings, bench trials or jury trials, or any criminal proceeding wherein the testimony of witnesses or presentation of evidence may occur, except in the discretion of the court.(4) Preliminary Examination. Notwithstanding anything herein to the contrary, as long as the defendant is either present in the courtroom or has waived the right to be present, district courts may use videoconferencing to take testimony from any witness in a preliminary examination.(D) Mechanics of Use. The use of telephonic, voice, videoconferencing, or two-way interactive video technology, must be in accordance with any requirements and guidelines established by the State Court Administrative Office, and all proceedings at which such technology is used must be recorded verbatim by the court.(E) Notwithstanding any other provision in this rule, until further order of the Court, AO No. 2012-7 is supended.Amended December 22, 2014, effective 1/1/2015; last amended effective 1/1/2017; amended May 22, 2019, effective 9/1/2019; amended July 26, 2021, effective 7/26/2021; amended August 10, 2022, effective 9/9/2022; amended May 3, 2023, effective 5/3/2023.