In re Admin. Rule 17 Emergency Relief for Ind. Trial Courts Relating to the 2019 Novel Coronavirus (COVID-19).

• Decision Date: 13 May 2020
• Docket Number: Supreme Court Case No. 20S-CB-123
• Parties: In the MATTER OF ADMINISTRATIVE RULE 17 EMERGENCY RELIEF FOR INDIANA TRIAL COURTS RELATING TO the 2019 NOVEL CORONAVIRUS (COVID-19).
• Court: Indiana Supreme Court

144 N.E.3d 197 (Mem)

In the MATTER OF ADMINISTRATIVE RULE 17 EMERGENCY RELIEF FOR INDIANA TRIAL COURTS RELATING TO the 2019 NOVEL CORONAVIRUS (COVID-19).

Supreme Court Case No. 20S-CB-123

Supreme Court of Indiana.

FILED May 13, 2020

Emergency Order Permitting Expanded Remote Proceedings

Indiana's ongoing emergency relating to the 2019 novel coronavirus (COVID-19), first declared by Executive Order on March 6, 2020, continues to affect public health practices, and it has required restriction of judicial operations. Pursuant to Indiana Administrative Rule 17 and this Court's inherent authority to supervise the administration of all courts of this state, the Court finds that the trial courts' efficient and effective operation to hold timely hearings and dispose of cases requires broader authority to conduct court business remotely.

Being duly advised, the Court ORDERS that Indiana Administrative Rule 14 is modified as follows, effective until further order of the Court:

1. The court may use audiovisual communication to conduct proceedings whenever possible to ensure all matters proceed expeditiously and fairly under the circumstances. This includes all proceedings in felony cases, including (1) guilty pleas; (2) sentencings where the defendant waives the right to be present in court; and (3) any other proceeding with witness testimony where the defendant waives the right of confrontation.

2. Any party not in agreement to the manner of the remote proceeding must object at the outset of the proceeding, on the record, and the court must make findings of good cause to conduct the remote proceeding.

3. The court may use telephonic communication for the proceeding for a party or witness if the court finds audiovisual communication is not possible, practical, or safe for a victim, and no party will be prejudiced.

4. All proceedings must be consistent with a party's Constitutional rights.

5. When jury trials can resume by order of this Court, parties may agree to use audiovisual communications, consistent with this Order, to select a jury. In civil jury trials, the parties may also agree to conduct the entire trial using remote audiovisual communications.

6. Courts may allow a witness to testify remotely except in criminal proceedings involving the right of confrontation or the right to be present, absent personal waiver.

7. The court must create a procedure for creating a recording, at every stage of the proceeding, sufficient to enable a transcript to be produced for the

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