RE VIDEOCONFERENCING IN THE DISTRICT COURTS

2018 OK 96 · Supreme Court of Oklahoma · December 10, 2018

Summary

The Oklahoma Supreme Court adopted Rule 34, governing the use of videoconferencing in Oklahoma district court civil, criminal, juvenile, and special proceedings. The order withdrew the prior videoconferencing pilot-program rules and establishes requirements, judicial discretion factors, notice and objection procedures, and protections concerning physical presence and testimony.

Court
Supreme Court of Oklahoma
Writing for the Court
All justices
Jurisdiction
Oklahoma
Decision date
December 10, 2018
Procedural posture
The Supreme Court of Oklahoma exercised its rulemaking authority to withdraw the prior videoconferencing pilot-program rules and adopt a replacement rule governing videoconferencing in district courts.
Precedential value
Rulemaking order; published status is indicated in the supplied metadata, but the opinion text contains a notice that it had not yet been released for publication and remained subject to revision or withdrawal.
Disposition
other

Topics

civil procedurecriminal procedureevidence

Practice areas

civil procedurecriminal procedureevidence

Questions Presented

  1. Whether the prior videoconferencing pilot-program rules should be withdrawn.
  2. Whether the Supreme Court should adopt Rule 34 governing the use of videoconferencing in Oklahoma district courts.

Holdings

  1. The court withdrew in their entirety Rules 1.500 through 1.506, which had governed the videoconferencing pilot program.
  2. The court adopted Rule 34 of the Rules for District Courts of Oklahoma, authorizing videoconferencing in all stages of civil and criminal proceedings, subject to the rule's safeguards, limitations, notice requirements, and the presiding judge's discretion.

Key quotations

The Rules for Videoconferencing Pilot Program previously adopted by this Court and codified as Rules 1.500 through 1.506 at Part XIII of the Oklahoma Supreme Court Rules, Okla. Stat. Title 12, Chap. 15, Appendix 1, are hereby withdrawn in their entirety.
The attached rules for Videoconferencing in the District Courts are hereby adopted, to be codified as Rule 34 of the Rules for District Courts of Oklahoma, Okla. Stat. Title 12, Chapter 2, Appendix, and shall be effective December 15th, 2018.

Factual background

The Supreme Court had previously authorized a videoconferencing pilot program for Oklahoma district courts. The court determined that the pilot rules should be withdrawn and replaced with a comprehensive Rule 34 authorizing videoconferencing in civil and criminal proceedings, subject to specified procedural safeguards and judicial discretion.

Procedural history

The court previously adopted Rules 1.500 through 1.506 as a videoconferencing pilot program. By order dated December 10, 2018, the court withdrew those rules and adopted Rule 34 of the Rules for District Courts of Oklahoma, effective December 15, 2018.

Court Document

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