Administrative Order 4 - VIDEO-RECORDING OF TRIAL COURT PROCEEDINGS

This Order applies to the video-recording of proceedings in Cass County on an experimental basis and shall be in effect until further order. No other video-recording of court trials is allowed, except as provided in Administrative Rule 21.

A. Trial Courts.

1. The trial court will make two video-recordings, recorded simultaneously, of the court proceeding.

2. The trial judge or designee of the judge will be responsible for keeping a proper log of proceedings that have been videotaped, including a list of witnesses and exhibits. The log pertaining to the case being appealed must be forwarded with the tape on appeal.

B. Public.

Copies of the videotaped recording of trial court proceedings made under this rule shall not be made available to the public. Persons wishing to view the videotaped recording may make arrangements to do so or may make arrangements for a transcript of the proceeding.

Video or electronic media coverage, if granted, is governed by Administrative Rule 21.

C. Appeals.

1. Unless otherwise directed by the judge, the clerk of court shall include one of the videotapes and a copy of the log with the record sent to the Supreme Court.

2. Transcripts of videotape recordings must contain the following references:

a. A full reference of the tape number, date, and time that the proceeding began must be noted at the beginning of the transcript and whenever the tape or date of hearing changes (i.e., Tape No. 1; 02/19/93; 14:15:11).

b. Thereafter, the minute, hour, and second of the proceeding as recorded on the videotape must be referenced at the beginning of each page (i.e., if the page began at 2:15:11 p.m. the reference would be 14:15:11).

D. Retention of Tapes.

1. One of the tapes shall be retained consistent with the Records Retention Schedule (Administrative Rule 19). If the tape is used for more than one hearing, the tape shall be retained for the longest retention period of any of the hearings.

2. The second tape may be erased and reused (or otherwise destroyed) after the period allowed for appeal as provided in Rule 4, NDRAppP, for each hearing on the tape has expired.

E. Court Technology Committee.

The Court Technology Committee will conduct an evaluation of the experimental program and will file with the Supreme Court a report by July 1, 1998.

F. Effective Date.

Administrative Order 4 amended nunc pro tunc effective July 1, 1996.

Dated at Bismarck, North Dakota, January 22, 1997.

Gerald W. VandeWalle, Chief Justice
Herbert L. Meschke, Justice
William A. Neumann, Justice
Dale V. Sandstrom, Justice
Mary Muehlen Maring, Justice

ATTEST:
Penny Miller
Clerk
North Dakota Supreme Court

SOURCES: AO 4, adopted on an emergency basis, effective April 7, 1994 through July 1, 1995; administratively amended, without substantive change, to extend AO 4 through July 1, 1996, effective July 26, 1995; amended until further order, effective July 1, 1996.