N.Y. Comp. Codes R. & Regs. tit. 22 § 202.70.36

Current through Register Vol. 46, No. 25, June 18, 2024

Rule 202.70.36 - Virtual Evidentiary Hearing or Non-Jury Trial

(a) If the requirements of paragraph (c) of this Rule are met, the court may, with the consent of the parties, conduct an evidentiary hearing or a non-jury trial utilizing video technology.

(b) If the requirements of paragraph (c) of this Rule are met, the court may, with the consent of the parties, permit a witness or party to participate in an evidentiary hearing or a non-jury trial utilizing video technology.

(c) The video technology used must enable:

i. a party and the party's counsel to communicate confidentially;

ii. documents, photos, and other things that are delivered to the court to be delivered to the remote participants;

iii. interpretation for a person of limited English proficiency;

iv. a verbatim record of the trial; and v. public access to remote proceedings.

(d) This Rule does not address the issue of when all parties do not consent.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.70.36

Adopted New York State Register November 17, 2021/Volume XLIII, Issue 46, eff. 12/13/2021