The Arkansas Supreme Court on Thursday revised and created rules to address virtual and blended court proceedings.
The court delivered a per curiam opinion that adopted and republished rules for using modern video- and audio-transmission technology.
The court was asked to consider the circumstances under which testimony could be taken by contemporaneous transmission from a location outside the physical courtroom. An amendment to the rule regarding the taking of testimony and a proposed rule of the Arkansas Rules of Civil Procedure addressing virtual and blended court proceedings were published for comment Jan. 27.
"Having reviewed all comments received, we adopt and republish the rules as set out below, which shall take effect June 1, 2022," the court document stated.
The amendment to Rule 43 stated that in all trials the testimony of witnesses shall be taken in open court, unless otherwise provided by these rules, including Rule 88 relating to virtual and blended court proceedings, or as otherwise provided by law.
The new rule regarding virtual and blended court proceedings, Rule 88, states the court has discretion to conduct hearings or trials as "virtual" or "blended" proceedings.
The rule defines "virtual proceedings" as proceedings in which all parties, counsel, the court reporter, witnesses and the judge are simultaneously participating in the proceeding via electronic means.
The "blended proceedings" are proceedings in which at least two of those individuals are participating in the proceeding from the physical courtroom and at least one of the individuals is participating simultaneously via electronic means.
The rule states hearings or non-jury trials may be conducted as "virtual" or "blended" as long as procedures are in place to protect the constitutional, statutory and procedural rights of parties; means exist for taking and preserving a concurrent record; clear and practical procedures are in place for the consideration of evidence; technical ability exists for all necessary individuals to participate meaningfully and the public has access to any proceedings that would otherwise be open.
Public access may be satisfied by virtual proceedings being simulcast in the physical courtroom, and a virtual hearing will require that public notice be posted on the door of the courtroom or other regular place for posting schedule notifications at least one hour prior to the start of the hearing or trial.
The rule states that jury trials may be blended only as to specific witnesses or the court reporter at the discretion of the judge, but parties, counsel, the judge and the jury must all be present in the physical courtroom.
Virtual or blended circuit court proceedings may not be broadcast, recorded, photographed or otherwise published by anyone except the court in order to comply with allowing the public to have access to proceedings that would otherwise be open.