SUPREME COURT APPROVES RULE AMENDMENTS
MIKE HAGBURG Attorney at Law
Amendments to Administrative Rule 52 on reliable electronic means proceedings took effect on Dec . 1 , 2022 .
Section 2 was amended to clarify the procedure for making a motion to request a reliable electronic means proceeding .
Under the amendments , prior to filing a motion to conduct a proceeding by reliable electronic means , a party must attempt to contact the other parties to determine whether they agree or object .
Unless good cause exists for a shorter timeline , a motion to conduct a proceeding by reliable electronic means must be served at least seven days before the proceeding . Any response must be served at least four days prior to the proceeding .
Because the rule sets out a specific procedure for motions with its own time deadlines , the requirements of Rule of Court 3.2 do not apply to motions under Rule 52 .
Sections 3 and 4 of Rule 52 were amended to allow a civil or criminal trial to be conducted by reliable electronic means with the consent of the parties and the approval of the court . In a civil case , the court retains discretion to allow any witness to appear by reliable electronic means at a trial or other proceeding . In a criminal case , however , a witness may not testify at trial by reliable electronic means unless the defendant knowingly and voluntarily waives the right to have the witness testify in person .
Subsection 4 ( b )( 3 ) was amended to eliminate the requirement that a court make a finding of necessity before allowing an attorney ’ s participation from a separate site in a guilty plea proceeding .
Finally , Section 6 was amended to allow the court to exercise its discretion on whether to hold a mental health proceeding by reliable electronic means . Under the amendments , the respondent or patient must be allowed to appear in person at any proceeding upon request . At the same time , the court may allow any witness at a mental health proceeding to appear by reliable electronic means .
Amendments to several other rules will take effect March 1 .
Amendments to Civil Procedure Rule 62 on stays to enforce a judgment will provide for a stay of execution on a default judgment and proceedings to enforce it until 30 days have passed after its entry .
Criminal Procedure Rule 11 on pleas will be amended to allow waiver of a defendant ’ s in-person acknowledgment when the court has approved waiver of the defendant ’ s presence under Rule 43 ( b ). Meanwhile , Rule 43 on defendant ’ s presence will be amended to allow a represented defendant in a Class C felony case to waive presence for entry of a guilty plea or sentencing .
The Appendix “ A ” form setting out conditions for sentence to probation , deferred or suspended sentence will be amended to simplify the language and organization of the form .
Amendments to Appellate Procedure Rule 5 on post-judgment mediation will require the mediation decision summary to be filed with the Supreme Court in all cases .
Juvenile Procedure Rule 14 on motions and Rule 16 on modification and vacation of orders will be amended to replace the term “ oral argument ” with “ hearing ” and to require the hearing request to indicate whether the hearing is being sought for presenting evidence , oral argument , or both .
Amendments to Evidence Rule 412 on the victim ’ s sexual behavior or predisposition in a sex-offense case will require the court in a criminal case to find on the record an overriding interest for courtroom closure before conducting an in camera hearing in chambers or a closed courtroom .
Administrative Rule 39 on recording district court trials and proceedings will be amended to clarify responsibilities for recording trials and proceedings and preserving the record . Rule 40 on access to recordings will be amended to explain how recordings of trials and proceedings may be obtained and to incorporate content from Trial Court Administration Policy 503 related to audio recordings .
Lastly , an explanatory note will be added to Section 1 of Administrative Rule 41 on access to court records . The note will clarify that Attorney General opinions are instructive , but not binding on the judicial system .
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