Rule 1:27.Testimony by Audiovisual Means in Circuit Court Civil Cases.

Rule 1:27 lets a circuit court permit a party to present live testimony in a civil trial or proceeding by audiovisual technology, on whatever conditions the court sets. A motion for this, written or oral, must ordinarily come at least fifteen days before the trial or hearing, unless the court allows shorter notice, and any written objection must be filed within five days of service of the motion, unless the court sets a different schedule.

The party offering the remote testimony bears the burden of making it work. Unless the courtroom already has equipment meeting the standard set in Code § 19.2-3.1, that party must supply the necessary equipment and logistical arrangements, at no cost to the court, and must cover the costs and arrangements at the remote witness’s location. If the courtroom or the remote location is not properly set up, the court cannot allow the testimony by audiovisual means for that reason, though the judge has discretion over how to handle other kinds of technical failures, like a power outage. An oath given over the audiovisual connection is treated as though it were administered within Virginia.

The rule lists two presumptive situations for allowing remote testimony: when all parties consent to it for any witness, and when a lay witness is more than 100 miles from the trial or is out of Virginia (unless the offering party caused that absence), or the witness is a hospital superintendent more than thirty miles away, a treating medical or dental professional, or a public officer whose duties prevent attending court. Even then, if the witness is subject to the court’s jurisdiction, the court may order the witness to appear and testify in person, on a showing of good cause or on its own initiative.