N.D. Sup. Ct. Admin. R.
ADMINISTRATIVE ORDER 13 - INTERACTIVE TELEVISION PILOT PROJECT EAST CENTRAL JUDICIAL DISTRICT [REPEALED]
This Order authorizes the East Central Judicial District to implement an interactive
television (ITV) pilot project with ITV sites in the East Central Judicial District. The pilot
project is intended to enhance the current level of judicial services available in the East
Central Judicial District and not in any way to reduce the current level of judicial
services.
A. Procedural Exception. The ITV pilot project is excepted from any procedural
statute
or rule to the extent the procedure provided in this Order is in conflict with the procedural
statute or rule including the following: N.D.R.Civ.P. 43; N.D.R.Crim.P. 5, 10, 11, 15,
17.1, 26, 32, and 43; and N.D.C.C. § § 25-03.1-15, 25-03.1-17, 25-03.1-19 and
31-04-04.
B. Applicability.
1. Civil action. In a civil action, the court may conduct a hearing, conference, or
other
proceeding and permit the taking of testimony by ITV upon good cause. Parties wishing
to use ITV must obtain prior approval of the court to use video conferencing equipment.
Parties must coordinate approved video conferences with the court to facilitate
scheduling and ensure equipment compatibility.
2. Criminal action. In a criminal action, the court may conduct a hearing,
conference, or
other proceeding, and permit the taking of testimony by ITV except as otherwise
provided in this Order.
a. A defendant may not plead guilty to nor be sentenced for a felony by
ITV.
b. A defendant convicted of a misdemeanor may not be sentenced by ITV unless
the
parties consent.
c. A witness may not testify by ITV unless the defendant knowingly and
voluntarily
waives his or her right to have the witness testify in person.
d. Parties must coordinate approved video conferences with the court to facilitate
scheduling and ensure equipment compatibility
e. An attorney for a defendant must be present at the ITV site from which the
defendant
will participate unless participation from another ITV site is approved by the court with
the consent of the defendant.
f. Each ITV site must provide a facility for a confidential attorney-client
conference.
g. A method for electronic transmission of documents must be available at each
ITV site
for use in conjunction with an ITV proceeding.
C. Report.
A report must be submitted to the Court no later than 18 months after the start of
the
pilot project.
D. Effective Date.
This Order is amended effective October 9, 2002, and remains in effect until
further
order of the Court.