RULE 52. INTERACTIVE TELEVISION, TELEPHONE OR OTHER RELIABLE ELECTRONIC MEANS
1 Section 1. Purpose. This rule provides a framework for the use of
2 interactive television, telephone or other reliable electronic means in North
3 Dakota's district and municipal courts. This rule is intended to enhance the current
4 level of judicial services available within the North Dakota court system through
5 the use
interactive television of reliable electronic
means and not in any way to
6 reduce the current level of judicial services.
7 Section 2. In General.
8 (A) Subject to the limitations in Sections 3, 4 and 5, a district or municipal
9 court may conduct a proceeding by interactive television, telephone or other
10 reliable electronic means on its own motion or on a party's motion.
11 (B) A party wishing to use interactive television, telephone or other reliable
12 electronic means must obtain prior approval from the court after providing notice
13 to other parties.
14 (C) Parties must coordinate approved interactive television, telephone or
15 other reliable electronic means proceedings with the court to facilitate scheduling
16 and ensure equipment compatibility.
17 (D) Each
interactive television site where interactive
18 or other reliable electronic means are used in a court proceeding must provide a
19 facility for a confidential attorney-client conference.
20 (E) A method for electronic transmission of documents must be available at
interactive television site where interactive television,
telephone or other
22 reliable electronic means are used in a court proceeding for use in conjunction with
an interactive television the proceeding.
24 Section 3. Civil Action. In a civil action, a district or municipal court may
25 conduct a hearing, conference, or other proceeding, or take testimony, by
26 interactive television, telephone or other reliable electronic means .
27 Section 4. Criminal Action.
28 (A) In a criminal action, a district or municipal court may conduct a
29 hearing, conference, or other proceeding by interactive television, telephone or
30 other reliable electronic means, except as otherwise provided in Section 4 (B).
31 (B) Exceptions.
32 (1) A defendant may not plead guilty nor be sentenced by interactive
33 television, telephone or other reliable electronic means unless the parties consent.
34 (2) A witness may not testify by interactive television, telephone or other
35 reliable electronic means unless the defendant knowingly and voluntarily waives
36 the right to have the witness testify in person.
37 (3) An attorney for a defendant must be present at the
38 site where the defendant is located unless the attorney's participation by interactive
39 television, telephone or other reliable electronic means from another location is
40 approved by the court with the consent of the defendant. In a guilty plea
41 proceeding, the court may not allow the defendant's attorney to participate from a
42 site separate from the defendant unless:
43 (a) the court makes a finding on the record that the attorney's participation
44 from the separate site is necessary;
45 (b) the court confirms on the record that the defendant has knowingly and
46 voluntarily consented to the attorney's participation from a separate site; and
47 (c) the court allows confidential attorney-client communication, if
49 Section 5. Mental Health Proceeding.
50 (A) In a mental health proceeding, a district court may conduct a proceeding
51 by interactive television, telephone or other reliable electronic means, and allow
52 the following persons to appear or present testimony:
53 (1) the respondent or patient;
54 (2) a witness;
55 (3) legal counsel for a party.
56 (B) Notice, Objection, and Waiver.
57 (1) Notice. Before holding any mental health proceeding by interactive
58 television, telephone or other reliable electronic means, the court must give notice
59 to the petitioner and the respondent. The notice must:
60 (a) advise the parties of their right to object to the use of interactive
61 television, telephone or other reliable electronic means ;
62 (b) inform the respondent that the proceedings may be recorded on video
63 and that, if there is an appeal, the video recording may be made part of the
64 appendix on appeal and is part of the record on appeal.
65 (2) Objection.
66 (a) Interactive television, telephone or other reliable electronic means may
67 not be used in a mental health proceeding if any party objects. The respondent
68 must be given the opportunity to consult with an attorney about the right to object
69 to the use of interactive television, telephone or other reliable electronic means .
70 (b) If the respondent fails to make an objection or fails to make a timely
71 objection to the use of interactive television, telephone or other reliable electronic
72 means, the court may nevertheless continue the proceeding for good cause.
73 (c) If the proceeding is continued, the respondent will continue to be held at
74 the facility where the respondent was receiving treatment or, at the choice of the
75 treatment provider in a less restrictive setting, until a face-to-face hearing can be
77 (d) A face-to-face hearing must be scheduled to occur within four days,
78 exclusive of weekends and holidays, of the date the objection was made, unless
79 good cause is shown for holding it at a later time.
80 (3) Waiver. Upon mutual consent of the parties, and with the approval of
81 the court, notice requirements in a mental health proceeding may be waived to
82 allow for the conduct of proceedings without prior notice or with notice that does
83 not conform to Section 5 (B) (1).
84 Section 6. Effective Date. This rule is effective June 1, 2005, and remains in
85 effect until further order of the supreme court. This rule was amended to cover
86 proceedings conducted by telephone or other reliable electronic means,