Rule 4 - Appearance by simultaneous audiovisual transmission equipment1. Appearances by parties or witnesses through the use of simultaneous audiovisual transmission equipment may be made as follows: (a) Trials, hearings at which witnesses are expected to testify, or hearings on preliminary injunction motions provided there is good cause as determined by the court in accordance with Rule 1(6);(b) Settlement conferences;(c) Trial management conferences;(d) Hearings on motions in limine;(e) Any hearing in which a hearing master determines that the presence of the parties or witnesses is not necessary to resolve discovery disputes or scheduling matters; and(f) Any proceeding stipulated to by the parties and approved by the court in conformity with Nevada Rule of Civil Procedure 43(a) and other applicable rules or statutes.2. In addition, except as provided in Rule 4(1), a personal appearance is required for the following persons or parties: (a) Applicants seeking an exparte order, if a hearing is held, unless the applicant is seeking an order: (1) For permission to file a memorandum in excess of the applicable page limits;(2) For an extension of time to serve pleadings;(3) To set hearing dates on alternative writs and orders to show cause; or(4) By stipulation of the parties;(b) Persons ordered to appear to show cause why sanctions should not be imposed for violation of a court order or a rule; or(c) Persons ordered to appear in an order or citation issued under NRS Title 12 or Title 13.3. Court discretion to modify rule.(a) Applicable cases. In exercising its discretion under this provision, the court should consider the general policy favoring simultaneous audiovisual transmission equipment appearances in family court proceedings.(b) Court may require personal appearances. Upon a showing of good cause either by motion of a party or upon its own motion, the court may require a party or witness to appear in person at a proceeding listed in Rule 4(1) or (2) if the court determines on a hearing-by-hearing basis that a personal appearance would materially assist in the resolution of the particular proceeding or that the quality of the simultaneous audiovisual transmission equipment is inadequate.4. Subsequent personal appearance. If, at any time during a hearing, conference, or 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 party or witness.5. Notice by party. (a) A party (or a witness for a party) choosing to appear by simultaneous audiovisual transmission equipment at a proceeding under this rule must either: (1) Place the phrase "Simultaneous Audiovisual Transmission Equipment Appearance" below the title of the moving, opposing, or reply papers; or(2) At least 5 court days before the appearance, notify the court and all other parties of the party's intent to appear by simultaneous audiovisual transmission equipment. If the notice is oral, it must be given in person. If the notice is in writing, it must be given by filing a "Notice of Intent to Appear by Simultaneous Audiovisual Transmission Equipment" with the court at least 5 court days before the appearance and by serving the notice at the same time on all other parties by personal delivery, fax transmission, express mail, by electronic service through the court's online docketing system (if available), or other means reasonably calculated to ensure delivery to the parties no later than the close of the next business day. Copies of any exhibits that a party participating by simultaneous audiovisual transmission equipment intends to present at the hearing shall be delivered to the court and all parties by at least noon on the court day prior to any such proceeding.(b) If after receiving notice from another party as provided under Rule 4(5)(a), a party that has not given notice also decides to appear by simultaneous audiovisual transmission equipment, the party may do so by notifying the court and all other parties that have appeared in the action, no later than noon on the court day before the appearance, of its intent to appear by simultaneous audiovisual transmission equipment. Copies of any exhibits that the party intends to present at the hearing shall be delivered to the court and all parties by at least noon on the court day prior to the scheduled hearing.(c) If a party that has given notice that it intends to appear by simultaneous audiovisual transmission equipment under Rule 4(5)(a) subsequently chooses to appear in person, the party must so notify the court and all other parties that have appeared in the action by simultaneous audiovisual transmission equipment at least 2 court days before the appearance.(d) The court, on a showing of good cause, may permit a party to appear by simultaneous audiovisual transmission equipment at a proceeding even if a party has not given the notice required under Rule 4(5)(a) or (b) and may permit a party to appear in person even if the party has given the notice required in Rule 4(5)(a), provided that the party agrees to pay the applicable cancellation fee to the court or third-party provider of the simultaneous audiovisual transmission equipment.6. Notice by court. After a party has requested a simultaneous audiovisual transmission equipment appearance for the party or a witness under Rule 4(5)(a) or (b), if the court requires the personal appearance of the party, the court must give reasonable notice to all parties before the hearing and may continue the hearing if necessary to accommodate the personal appearance. The court may direct the court clerk, a court-appointed vendor, a party, or an attorney to provide the notification.7. 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 than 48 hours' notice. A court, by local rule, may designate a particular audiovisual provider that must be used for audiovisual transmission equipment appearances.8. 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 hearing to ensure the equipment is compatible and operational.(b) Upon convening a simultaneous audiovisual transmission proceeding, the judge shall: (1) Recite the date, time, case name, case number, names and locations of parties and counsel, and the type of hearing;(2) Ascertain that all statements of all parties are audible and visible to all participants;(3) Give instructions on how the hearing 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) Designate a person or persons with whom the party would coordinate and communicate about system requirements and compatibility.9. 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.10. 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.11. Public access. The right of public access to court proceedings must be preserved in accordance with law.Added effective 7/1/2013.