Rule 15.302 - Motion for remote, hybrid, or in-person appearance or proceeding(1)Motions for remote, hybrid, or in-person appearance or proceeding. Any party may request by motion to appear remotely at a proceeding or to appear in person at a previously ordered remote or hybrid proceeding. Any party may also request by motion that an entire proceeding be conducted remotely or that a previously ordered remote or hybrid proceeding be conducted in person.(2)Contents of the motion. The motion must include specific grounds supporting the party's request. It must also certify that the filer of the motion has in good faith communicated or attempted to communicate with all other affected parties to determine whether the motion is unresisted, that such communication was not feasible under the circumstances, or that such communication is prohibited by prior court order.(3)On court's own motion. The court on its own motion may order that one or more participants appear remotely or in person.(4)Court's consideration of motion. In ruling on a motion under rule 15.302, the court must on a case-by-case basis consider the following factors: a. Ability of participants to appear remotely and fully participate in the proceeding.b. Timeliness of the motion and resistance, if any, including whether there is sufficient time to provide all parties with reasonable notice of the court's decision.c. Case type and type of court proceeding.e. Number and location of participants and anticipated length of proceeding.f. Complexity of legal and factual issues.g. Whether the proceeding requires a formal record or whether any party has requested the proceeding to be reported.h. Nature and amount of evidence to be submitted during the proceeding.i. Agreement among or objection by parties.j. Parties' and nonparty participants' English proficiency or need for interpreter or translator assistance.k. Whether use of remote or hybrid technology will undermine the dignity, solemnity, decorum, integrity, fairness, or effectiveness of the proceeding.l. A participant's previous abuse of a method of appearance.m. Public access to the proceeding and potential increase in access to the courts.n. Any other factor or combination of factors that establishes good cause to grant or deny the motion.(5)Court's consideration of motion in criminal proceedings. In ruling on a 15.302 motion in criminal proceedings, the court must also consider the factors in Division IV of this chapter.(6)Court's consideration of motion in juvenile proceedings. In ruling on a 15.302 motion in juvenile proceedings, the court must also consider the factors in Division V of this chapter.(7)Court's consideration of motion in family law proceedings. In ruling on a rule 15.302 motion in family law proceedings, the court must also consider the factors in Division VI of this chapter.(8)Court's order.a. The court must consider a rule 15.302 motion based on the filings and without a hearing unless the court finds good cause for holding a hearing on the motion.b. If the court permits or requires a participant to appear remotely, the court must provide reasonable notice of the remote or hybrid proceeding.c. If the court permits or requires a participant to appear remotely or determines that the entire proceeding will be held remotely, the court must include in its order: (1) A list of all participants permitted or directed to appear remotely if the proceeding will be a hybrid proceeding.(2) Instructions for joining the remote proceeding. (9)Public access. a. If the court orders a public proceeding to be held remotely, the proceeding remains open to the public.b. If a proceeding open to the public is held as a hybrid proceeding, members of the public who wish to view the proceeding may do so in person, and the court may permit members of the public to view the proceeding remotely.c. Participants may not share with any member of the public the means to participate in a remote or hybrid proceeding that is closed to the public.Iowa. R. Remot. P. 15.302
Court order September 7, 2023, effective 1/1/2024.