Rule text
(a) The court may permit a party in any civil trial or proceeding to present live testimony by means of audiovisual technology upon such conditions as the court may impose. Unless the court in its discretion allows a motion on shorter notice, such motion must be made, whether orally or in writing, at least 15 days in advance of the trial or hearing. Any party opposing a written motion must file any objections in writing 5 days after service of such motion, unless a different schedule is set by the court.
(b) Unless the courtroom or facility where the testimony will be presented has equipment meeting the standards of Code § 19.2-3.1, the party offering testimony of a witness by audiovisual means is responsible for providing the necessary equipment, and all necessary logistical arrangements, at no cost to the court. All costs and arrangements for the location where the witness will give testimony are also the responsibility of the party offering the testimony. Failure to ensure that the courtroom or facility where the trial or hearing is to be held-and the location where the witness would testify-are properly set up for such testimony will preclude the offering of such testimony by audiovisual means. Remedies and procedures to address the failure of the arrangements to function properly for some other reason, such as a power outage affecting the Virginia courtroom, are within the sound discretion of the presiding judge.
(c) Any oath administered to a party or witness testifying by means of audiovisual technology shall be deemed to have been administered within the Commonwealth.
(d) Presumptive cases for allowing remote testimony. - The court should enter an order permitting live testimony under this Rule as follows:
(1) Consent of All Parties. Upon consent of all parties for live testimony of any party, lay witness, or expert witness by means of any audiovisual technology; or,
(2) Distant and Other Specific Witnesses. If (i) a lay witness is at a greater distance than 100 miles from the place of trial or hearing, or is out of the Commonwealth, unless it appears that the absence of the witness was procured by the party offering the testimony, or if (ii) the witness is a superintendent of a hospital for the insane more than 30 miles from the place of trial, or is a physician, surgeon, dentist, chiropractor, registered nurse, physician's assistant or nurse practitioner who, in the regular course of his or her profession, treated or examined any party to the proceeding, or is in any public office or service the duties of which prevent his attending court; provided, however, that if the witness is subject to the jurisdiction of the court, the court may, upon a showing of good cause or sua sponte, order the witness to attend and to testify ore tenus.
Adopted and promulgated by Order dated January 9, 2020; effective March 15, 2020.
Last amended by Order dated January 15, 2025; effective March 17, 2025.