The intent of this rule is to promote uniformity in the practices and procedures related to remote appearances in cases where such an appearance is permitted by these rules, court orders, statutory or other rules of court. “Remote” is defined as the use of live two-way video and/or audio technology. Notwithstanding any other provisions of this rule, a judge may order a party’s in person appearance in court for any conference, hearing, or proceeding.

The equipment and platform used in any hearing or proceeding conducted under this rule must conform to the following minimum requirements:

(1) All participants must be able to see and/or hear and communicate with each other simultaneously.

(2) All participants must be able to see, hear, or otherwise observe any documents, physical evidence, or exhibits presented during the proceedings, either by video, facsimile, or other methods.

(3) The use of telephonic or audiovisual technology in conducting hearings and proceedings shall in no way abridge any right of the public.

(4) The telephonic or audiovisual technology must be able to be used by people with disabilities to accommodate their disabilities under the Americans with Disabilities Act.

(1) The court on its own motion or upon the request of any party may in its discretion conduct conferences, hearings, and proceedings by the use of a live two-way video and audio conferencing platform with attorneys and unrepresented parties.

(2) All evidentiary proceedings involving video conference appearances must be recorded and reported to the same extent as if the participants had appeared in person.

(3) Upon convening a proceeding involving video conference appearance, the court shall recite the date, time, case name, case number, names and locations of parties and counsel, and the type of hearing.

(4) The court may require a party to appear in person at a hearing, conference, or proceeding in which a video conference appearance is otherwise permitted if the Court determines that a personal appearance would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case.

(5) If at any time during a hearing, conference, or proceeding conducted by video conference the court determines that a personal appearance is necessary, the court may continue the matter and require a personal appearance.

The court on its own motion or upon the request of any party may in its discretion conduct conferences, hearings and proceedings via telephone with attorneys and unrepresented parties.

(1) A party may appear by telephone at the following conferences, hearings, and proceedings:
a. Case management/scheduling/status/review hearings;
b. Non-evidentiary motion hearings;
c. Hearings on discovery matters;
d. Scheduling conferences and status conferences;
e. Pre-trial hearings; and
f. Any hearing is approved in advance by the court for an appearance by telephone.

(2) The court may specify:
a. The time and the person who will initiate the conference;
b. Any other matter or requirement necessary to accomplish or facilitate the telephone conference. 

(3) Upon convening a proceeding involving a telephone appearance, the court shall recite the date, time, case name, case number, names and locations of parties and counsel, and the type of hearing.

(4) The court may require a party to appear in person, including video conferencing, at a hearing, conference, or proceeding in which a telephone appearance is otherwise permitted if the court determines that a personal appearance would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case.

(5) If at any time during a hearing, conference, or proceeding conducted by telephone the court trier of fact may determine that a personal appearance, including video conferencing, is necessary, the court may continue the matter and require a personal appearance.

Provisions shall be made to preserve the confidentiality of attorney-client communication and privilege.

(1) In any pending matter, a witness may testify via video conference, or in person.
a. A witness must have photo identification available for inspection. Examples of acceptable identification include, but are not limited to the following: a state ID, a driver’s license, or a passport. The propriety of the identification is at the discretion of the court.
b. If the witness is testifying via video conference, the witness should be prepared to show identification via the camera.

All exhibits offered into evidence during a virtual hearing must comply with the Ohio Rules of Evidence. All exhibits must be filed with the Clerk of Court’s office at least seven (7) days before the hearing date and time. All exhibits must be properly served on the opposing party at least seven (7) days before the hearing date and time, unless otherwise approved by the court.