Administrative Order 13 - INTERACTIVE TELEVISION PILOT PROJECT EAST CENTRAL JUDICIAL DISTRICT

Obsolete Date: 5/1/2005

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 waiveshis 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.

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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.

Dated at Bismarck, North Dakota, October 9, 2002.

William A. Neumann, Justice
Dale V. Sandstrom, Justice
Mary Muehlen Maring, Justice
Carol Ronning Kapsner, Justice

ATTEST:
Penny Miller, Clerk

The Honorable Gerald W. VandeWalle, Chief Justice, being unavoidably absent, did not participate in this decision.