Rule 1.8 - Interactive Audiovisual Devices(a)General Provisions. When the appearance of a defendant or counsel is required in circuit, county, municipal or justice court, subject to the provisions of this Rule, the appearance may be made by the use of interactive audiovisual equipment, including video conferencing equipment. Interactive audiovisual equipment shall at a minimum operate so as to enable the court and all parties to view and converse with each other.(b)Requirements. In using interactive audiovisual equipment, the following are required: (1) a full record of the proceedings shall be made as provided in applicable rules;(2) the court shall determine that the defendant knowingly, intelligently, and voluntarily agrees to appear at the proceeding by interactive audiovisual means; and(3) provisions shall be made to allow for confidential communications between the defendant and counsel before and during the proceeding. Defense counsel shall be present at the location with the defendant during the proceedings.(c)Permissible Proceedings. Appearance by interactive audiovisual equipment, including video conferencing, may be permitted in the discretion of the court at any proceeding except that this Rule shall not apply to any trial, probation violation hearing, or any felony plea and/or sentencing.Comment
Section (a) is taken from former Rule 6.08 of the Uniform Rules of Circuit and County Court. Section (b) preserves a defendant's right to be present personally under Rule 10.1(a), by providing that a defendant must consent to appear by interactive audiovisual means. While section (c) generally puts the use of such technology in the discretion of the court, Rule 1.8 is inapplicable to trials, probation violation hearings, and felony pleas and sentencing.