Rule 12 - Telephonic and Video Attendance and Testimony(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)"Telephonic." When used in this rule, "telephonic" means by telephone, video conferencing, or other available audio or audiovisual technology. (b) When Permitted. Parties and their attorneys are expected to appear in open court for court proceedings unless the court, in its discretion, permits telephonic attendance under this rule. The court may allow a person to telephonically 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 telephonic attendance or testimony.(c) How Requested. Unless otherwise ordered by the court, a person who wishes to telephonically 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 telephonic 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 telephonic attendance or testimony; (4) the reason why telephonic 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 Telephonic Testimony. Unless otherwise ordered by the court, before a party may question a person testifying telephonically 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 telephonically.(h) Costs of Telephonic Attendance or Testimony. The person requesting telephonic attendance or testimony must arrange it, and, unless the court orders otherwise, pay the related costs. Amended Aug. 29, 2019, effective 1/1/2020; amended Dec. 8, 2021, effective 1/1/2022.COMMENT TO THE 2020 AMENDMENTS
A party should carefully consider a request to present telephonic testimony in a contested matter. Demeanor while testifying is an important factor used by the court to assess a witness's credibility. A party who offers a witness by telephone may be at a disadvantage if the testimony is contradicted by a witness who testifies in person.