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Rule 12. Virtual Attendance and Testimony

Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2022

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part I. General Information
Effective: January 1, 2022
17B A.R.S. Rules Probate Proc., Rule 12
Formerly cited as AZ ST PROB Rule 11
Rule 12. Virtual Attendance and Testimony
Currentness
(a) Definitions.
(1) “Proceeding.” When used in this rule, “proceeding” means a court event that interested persons or their attorneys have an opportunity to attend. These events include, but are not limited to, a trial, hearing, oral argument, and conference.
(2) “Virtual.” When used in this rule, “virtual” or “virtually” means by telephone, video conferencing, or other audio or audiovisual technology allowing two or more persons to communicate.
(b) When Permitted. A person who wishes to attend a proceeding is expected to do so by appearing in open court for the proceeding unless the court permits or requires virtual attendance. The court, on a party's motion or on its own, may allow or require a person to virtually attend, or testify at, a proceeding if both of the following are true:
(1) the person can be heard by every other person participating in the proceeding, including the judicial officer and, if applicable, the certified reporter or an electronic recording system; and
(2) no party will be unfairly prejudiced by the virtual attendance or testimony.
(c) How Requested. Unless otherwise ordered by the court, a person who wishes to virtually attend or testify at a proceeding must either file a written motion or make an oral motion in open court. The request may be for a particular proceeding or for multiple proceedings. A written motion made under this rule must be served on all parties and any person who has filed a demand for written notice and must be accompanied by a proposed order.
(d) Time for Making Request. Unless otherwise provided by local rule, a written or oral motion to allow virtual attendance or testimony must be made in a timely manner considering the circumstances at the time the request was made. Circumstances may include but are not limited to (1) the promptness of the party in making the request; (2) the nature of the proceeding, including whether it is contested or evidentiary; (3) whether all other parties agree to the virtual attendance or testimony; (4) the reason why virtual attendance or testimony is being requested; and (5) logistical factors.
(e) Objection to Request. A party opposing a written motion made under this rule must file a response no later than 5 court days after the motion is served. The court may modify or waive this time limit.
(f) Ruling. The court may rule on a written motion made under this rule before a response is filed, and without a reply or oral argument.
(g) Use of Exhibits During Virtual Testimony. Unless the court orders otherwise, before a party may question a person testifying virtually about an exhibit, that party must:
(1) have provided that person and all parties, in advance, with a copy of that exhibit, marked so that it can be easily identified by that person, all parties, and the court; and
(2) confirm to the court that the exhibit provided to the court is identical to the exhibit provided to the person who is testifying virtually.
(h) Costs of Virtual Attendance or Testimony. Unless the court orders otherwise, the person requesting virtual attendance or testimony must arrange it, and pay the related costs.
(i) Instructions for Virtual Attendance or Testimony. If the court permits or requires virtual attendance or testimony, the court must either provide instructions for attending the proceeding virtually or require the party who requested the virtual attendance or testimony to provide those instructions.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020. Amended on an emergency basis, effective Sept. 30, 2021, adopted on a permanent basis effective Jan. 1, 2022; amended Aug. 30, 2021, effective Jan. 1, 2022.
17B A. R. S. Rules Probate Proc., Rule 12, AZ ST PROB Rule 12
State Court Rules are current with amendments received and effective through May 15, 2023. The Code of Judicial Administration is current with amendments received through May 15, 2023.
End of Document