Rule 4 - Personal appearances; appearance by simultaneous audiovisual transmission equipment1. Except as set forth in Rule 3, a witness may appear by simultaneous audiovisual transmission equipment at trial if the court first makes a casesecific finding that (1) the denial of physical confrontation is necessary to further an important public policy, and (2) the reliability of the testimony is assured; and in all other criminal proceedings or hearings where personal appearance is required unless the court determines that the personal appearance of the witness is necessary.2. If, at any time during a proceeding conducted by simultaneous audiovisual transmission equipment, the court determines that a personal appearance is necessary, the court may continue the matter and require a personal appearance by the witness.3. A party wishing to offer the appearance of a witness at a criminal proceeding by simultaneous audiovisual transmission equipment under this rule shall, not later than 5 judicial days before that proceeding, notify the opposing party by certified mail in a form substantially similar to Form 1 attached hereto, unless good cause is shown why such notice could not have been provided.4. Private vendor, charges for service. A court may provide simultaneous audiovisual transmission equipment for court appearances by entering into a contract with a private vendor. The contract may provide that the vendor may charge the party appearing by simultaneous audiovisual transmission equipment a reasonable fee, specified in the contract, for its services. The court or the vendor may impose a cancellation fee to a party that orders services and thereafter cancels them on less less than 48 hours' notice. A court, by local rule, may designate a particular audiovisual provider that must be used for audiovisual transmission equipment appearances.5. Procedure. (a) The court must ensure that the statements of participants are audible and visible to all other participants and the court staff and that the statements made by a participant are identified as being made by that participant. The court may require a party to coordinate with a court-appointed person or persons within a certain time before the proceeding to ensure the equipment is compatible and operational.(b) Upon convening a simultaneous audiovisual transmission proceeding, the court shall: (1) Recite the date, time, case name, case number, names and locations of the parties and counsel, and the type of proceeding;(2) Ascertain that all statements of all parties are audible and visible to all participants;(3) Give instructions on how the proceeding is to be conducted, including notice if necessary, that in order to preserve the record, speakers must identify themselves each time they speak; and(4) Place the witness under oath and ensure that the witness is subject to cross-examination.6. Reporting. All proceedings involving simultaneous audiovisual transmission equipment appearances must be reported to the same extent and in the same manner as if the participants had appeared in person.7. Information on simultaneous audiovisual transmission equipment. The court must publish a notice providing parties with the particular information necessary for them to appear or have a non-party witness testify by simultaneous audiovisual transmission equipment at proceedings in that court under this rule.8. Public access. The right of public access to court proceedings must be preserved in accordance with law.Added effective 1/1/2013; amended effective 8/24/2015; amended effective 2/25/2019.