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Rule 110. Virtual Proceedings; Declared Emergencies

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part I. General Provisions
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 110
Formerly cited as AZ ST JUV CT Rule 13;  AZ ST JUV CT Rule 42;  AZ ST JUV CT Rule 71
Rule 110. Virtual Proceedings; Declared Emergencies
Currentness
(a) Generally.
(1) Delinquency Matters. This rule and Rules 208 and 209 govern virtual appearances in delinquency proceedings.
(2) In Non-delinquency Matters. On the court's initiative or motion by a party, the court may permit virtual testimony, argument, or appearances in any non-delinquency proceeding under these rules. A party's motion must be in writing, unless otherwise authorized by the court.
(3) In All Matters. Before granting a motion to appear or testify at or attend a proceeding virtually, the court must consider the due process rights of any objecting party and enter a case-specific due process determination in a signed minute entry or order.
(b) Meaning of Virtual. When used in this rule, “virtual” means by telephone, video conferencing, or other audio or visual technology allowing two or more person to communicate.
(c) Non-Evidentiary Hearing. The court may allow or direct a party to appear virtually at a non-evidentiary hearing if each person will be audible to every other person participating in the proceeding, including the judicial officer, and to the electronic recording system or certified reporter.
(d) Request to Testify Virtually; Evidentiary Hearing.
(1) Presumption. Unless section (f) of this rule applies, it is presumed that evidentiary hearings will be conducted in person.
(2) Time. A party must file a motion requesting that a party or witness give virtual testimony at an evidentiary hearing and email or deliver the motion to staff of the assigned judicial officer.
(A) Delinquency Matters. A party must file a motion requesting that a party or a witness give virtual testimony at an evidentiary hearing in a delinquency matter no later than 10 days before the hearing, and an opposing party may file a response no later than 5 days after the motion is filed, unless the court orders otherwise.
(B) Non-delinquency Matters. If the evidentiary hearing in a non-delinquency proceeding is scheduled to occur on 21 days' notice or more, the moving party must file a motion at least 14 days before the evidentiary hearing is scheduled to occur. If the hearing is scheduled to occur on 20 days' notice or less, the moving party must file a motion sufficiently in advance of the hearing to allow the judicial officer to consider it in a timely manner. Responses must be filed as provided by Rule 316 or Rule 407. The court may modify the time requirements in this subpart.
(C) In All Matters. The court may rule on the motion with or without a hearing.
(3) Responsibility for Arrangements and Expenses. The party requesting a virtual appearance must arrange the appearance and pay any related expenses, unless the court orders otherwise.
(e) Introducing Documents During Virtual Testimony. To introduce exhibits through a party or witness who testifies virtually:
(1) the party calling the witness must make a good faith effort to contact the opposing parties to identify and provide previously disclosed exhibits that will be used during the witness's testimony;
(2) exhibits must be provided in advance to the witness or party through counsel, as applicable, by noon on the court day before the evidentiary hearing is scheduled to occur;
(3) the party who introduces the exhibits must affirm that they are accurate copies of the exhibits provided to the party or witness who is appearing virtually; must follow the clerk's procedures for submitting exhibits; and must email them to the staff of the assigned judicial officer by noon on the court day before the evidentiary hearing is scheduled to occur; and
(4) if a party seeks to examine or cross-examine a witness regarding a previously identified exhibit that has not yet been provided to the testifying witness, the court must allow the party a reasonable opportunity to provide an accurate copy of the exhibit to the witness who is appearing virtually, including granting a recess or continuance if necessary.
(f) Evidentiary Hearings During Declared Emergencies; Presumption. When the risks associated with a public health or other emergency declared by the Governor cause restriction of physical access to court facilities, evidentiary hearings will presumptively be conducted virtually.
(1) Objections: How Made, When Made.
(A) How to Object to a Virtual Evidentiary Hearing. A party objecting to a virtual evidentiary hearing must file the objection and email or deliver it to the staff of the assigned judicial officer.
(B) When to Object to a Virtual Evidentiary Hearing. If the virtual evidentiary hearing is scheduled to occur on 21 days' notice or more, the objecting party must file an objection at least 14 days before the evidentiary hearing is scheduled to occur. If the hearing is scheduled to occur on 20 days' notice or less, the objecting party must file any objection sufficiently in advance of the hearing to allow the judicial officer to consider it in a timely manner. In delinquency matters, an opposing party may file a response no later than 5 days after the objection is filed. In non-delinquency matters, responses must be filed as provided by Rule 316 or Rule 407. The court may modify the time requirements in this subpart. The court may rule on the objection with or without a hearing.
(2) Case-Specific Determinations in Evidentiary Hearings. The court may overrule any objection to a virtual evidentiary hearing and deny a request for an in-person hearing only after making a case-specific determination that the objecting party's constitutional rights, including the right to due process, will be satisfied by the virtual evidentiary hearing. To overrule the objection and to demonstrate that due process will be satisfied, the court must specifically find that the virtual evidentiary hearing will not substantially prejudice any party, and that each person will be audible and, if practicable, visible to every other person participating in the hearing, including the judicial officer, and to the electronic recording system or certified reporter. This case-specific due process determination may involve providing for certain witnesses to testify virtually, even though the hearing will primarily be in person. The case-specific due process determination must be in a signed minute entry or order and must address the following factors:
(A) whether an in-person evidentiary hearing cannot reasonably be held, given the ongoing, declared public health or other emergency;
(B) whether one or more witnesses cannot appear in person at an evidentiary hearing because of an ongoing, declared public health or other emergency;
(C) whether the court can accommodate the objection by providing the objecting party with full access to the evidentiary hearing by video conferencing or other audio and video technology; and
(D) whether the objecting party can effectively and timely communicate confidentially with the party's attorney during the hearing as needed.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 110, AZ ST JUV CT Rule 110
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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