Rule 11.1 - Virtual Events; Court Proceedings(A) Definitions. "Virtual event" means a meeting or conference conducted by telephone; or any meeting, conference, or court proceeding conducted by video; and shall include any such meeting, conference, or proceeding that includes all participants appearing virtually; as well as hybrid events where there is a mix of live and virtual participation.(B) Consent. Any event in any civil or criminal court proceeding may be conducted pursuant to UPCR 11.2 as a virtual event if it is done with the consent of the parties and by agreement of the court. Absent consent, the provisions of UPCR 11.1(C) and (D) apply.(C) Criminal Proceedings. All matters in criminal cases, excluding trials, may be conducted pursuant to UPCR 11.2 except those for which the Constitution or other law requires in-person proceedings. Permissible matters include, but are not necessarily limited to, the following: 1. Determinations of indigence and appointments of counsel;2. Hearings on appearance and appeal bonds;3. Initial appearance hearings;4. Probable cause hearings;5. Applications for arrest warrants;6. Applications for search warrants;7. Arraignments or waivers of arraignment;8. Pre-trial diversion and post-sentencing compliance hearings;9. Entry or change of pleas in criminal cases;10. Impositions of sentences upon pleas of guilty or nolo contendere;11. Probation revocation hearings in cases in which the probationer admits the violation;12. Post-sentencing proceedings in criminal cases;13. Acceptance of special pleas of insanity (incompetency to stand trial);14. Situations involving inmates with highly sensitive medical problems or who pose a high security risk upon the court making findings as may be required by law;15. Testimony of youthful witnesses upon the court making findings as may be required by law;16. Appearances of interpreters; and17. Status hearings or docket calls. This rule does not abrogate any constitutional right that requires in-person proceedings. Notwithstanding any other provisions of this rule, a judge may order a defendant's personal appearance in court for any hearing.
(D) Civil Proceedings. All matters in civil cases may be conducted pursuant to UPCR 11.2, except trials. These matters include but are not necessarily limited to, the following:4. Pre-trial conferences;5. Show cause (rule nisi) dockets;7. Appeal bond and supersedeas proceedings;9. Foreign judgment proceedings;10. Enforcement and revival of judgments proceeding;11. Notwithstanding the prohibition on virtual proceedings for trials, the following proceedings related to jury trials may be conducted pursuant to UPCR 11.2: (b) Motions for directed verdict;(c) Proposed jury charge conferences;(d) Post-trial motions; and(e) Any other proceedings with the consent of all parties; and12. Appearance of interpreters;13. All mental health, alcohol and drug hearings held by the probate court pursuant to OCGA Title 37 provided that the confidentiality prescribed by OCGA Title 37 be preserved;14. All guardianship and conservatorship hearings held by the probate court pursuant to OCGA Title 29 provided that the confidentiality prescribed by OCGA Title 29 be preserved;15. Administering any oath as provided by law;16. All final non-jury trials on estate matters held pursuant to OCGA Title 53; and17. Any other matter with the consent of the parties. This rule does not abrogate any constitutional right that requires in-person proceedings. Notwithstanding any other provisions of this rule, a judge may order a person's appearance in court for any hearing.
(E) Effective Date. This rule shall be effective for any virtual event taking place on or after June 1, 2023.Amended effective 6/1/2023.