Rule 87.In-person, remote, and hybrid hearings; request for different format

Rule 87 gives courts discretion to set any hearing as fully in-person, fully remote, or a hybrid mix of both, and lists what should factor into that call: what the participants prefer, how long the hearing will run, how many people are involved, the burden of appearing in person versus remotely, how complex the issues are, whether documents or testimony will come into play, whether the technology is up to the task, language interpretation or disability accommodations, and any custody-related considerations for an incarcerated party. "Participant" covers parties, intervenors, anyone who objected to a subpoena, and their attorneys.

Any participant can ask to appear in a different format than the one the court set. The request has to state a reason and can be made verbally at a hearing, by email, by letter, or by written motion; if the participant has an attorney, the attorney has to make the request. Email and letter requests need to copy every party, use a specific subject line identifying the case and the format requested, and go to the court's official email address. Outside of a verbal request made during a hearing, requests must reach the court at least seven days before the hearing, or as soon as reasonably possible if exigent circumstances or short notice make that impossible. The court can rule without waiting for anyone to respond, and must grant a timely request unless it finds good cause on the record not to — citing things like a constitutional or statutory right to a particular format, safety concerns, a history of technical problems, a lack of courtroom decorum, a prior no-show, custody issues, or the court's own capacity to accommodate it. Granting one participant's request doesn't change the format for anyone else, and doesn't limit any other participant's right to make their own request.