(a)The court has discretion to conduct hearings or trials as “virtual” or “blended”proceedings as set forth in this Rule.
Rule 88.Virtual and Blended Court Proceedings
Last amended June 1, 2022 · Last verified July 13, 2026
In one sentenceRule 88 lets a court hold hearings and non-jury trials as fully "virtual" or partly "blended" remote proceedings if it finds specific safeguards are met, while jury trials stay largely in person.
Full Text of Rule 88
(1) “Virtual proceedings” are proceedings in which all parties, counsel, the court reporter, witnesses, and the judge are simultaneously participating in the proceeding via electronic means.
(2) “Blended proceedings” are proceedings in which at least two of the aboveindividuals are participating in the proceeding from the physical courtroom and at leastone of the above is participating simultaneously via electronic means.
(b) Hearings or non-jury trials may be conducted as “virtual” or “blended”proceedings upon a determination by the court of the following:
(1) Procedures are in place to protect the constitutional, statutory, andprocedural rights of parties;
(2) Means exist for taking and preserving a concurrent record;
(3) Clear and practical procedures are in place for the consideration ofevidence;
(4) The technical ability exists for all necessary individuals to participatemeaningfully; and
(5) The public has access to any proceedings that would otherwise be open.
(i) Public access may be satisfied by the virtual proceedings being simulcast in the physical courtroom upon request of any member of the public present at the courtroom.
(ii) A virtual hearing shall require that public notice be posted on the door of the courtroom or other regular place for posting scheduling notifications at least one hour prior to the beginning of the virtual hearing or trial. The public notification for the virtual hearing shall include instructions and contact information for requesting access to view the virtual hearing either in the courtroom or by other means that may be available, as determined by the circuit court.
(iii) No additional measures are necessary for blended proceedings solong as the audio/visual display in the courtroom is sufficient for members of the gallery to witness the proceedings reasonably. (c) Jury trials may be blended only as to specific witnesses or the court reporter at the discretion of the judge, given the safeguards described under section (b) above aremet, but parties, counsel, the judge, and the jury must all be present in the physical courtroom.
(d) Requests for “virtual” or “blended” proceedings may be raised as follows:
(1) The parties by joint motion may manifest their agreement to “virtual” or“blended” proceedings as set forth in this Rule.
(2) Any party may move the court to conduct “virtual” or “blended”proceedings as set forth in this Rule.
(i) The motion must set forth how the safeguards in section (b) of thisRule are to be met.
(ii) The motion may not be granted absent an opportunity for allparties to respond under these Rules and be heard.
(3) The court on its own motion may notify the parties of its intent to conduct a hearing or trial as “virtual” or “blended” proceedings.
(i) The notice must set forth how the safeguards in section (b) of thisRule are to be met.
(ii) The court may not proceed with “virtual” or “blended” proceedings absent an opportunity for all parties to be heard.
(e) Virtual or blended circuit court proceedings may not be broadcast, recorded, photographed,or otherwise published by anyone except the court in order to comply with section (b)(5) or as otherwise allowed under the conditions described in Arkansas Supreme Court Administrative Order No. 6.
Amendment History
Adopted May 19, 2022, effective June 1, 2022.
Plain-English Summary
Rule 88 gives circuit courts discretion to hold hearings and trials with some or all participants appearing by electronic means. It defines two formats: a "virtual proceeding," where every participant -- parties, counsel, the court reporter, witnesses, and the judge -- appears electronically at the same time, and a "blended proceeding," where at least two of those participants are physically in the courtroom while at least one appears remotely.
Before using either format for a hearing or non-jury trial, the court must find that five safeguards are in place: procedures protecting each party's constitutional, statutory, and procedural rights; a way to make and keep a concurrent record; clear procedures for handling evidence; the technical capacity for everyone involved to participate meaningfully; and public access to any proceeding that would otherwise be open to the public. Rule 88 spells out how that last safeguard works in practice -- a virtual hearing can satisfy public access by simulcasting into the physical courtroom on request, but it also requires posting notice on the courtroom door (or the court's regular notice location) at least one hour before the hearing starts, with instructions for how the public can watch. A blended proceeding, by contrast, needs no extra notice as long as the courtroom's audio-visual setup lets the gallery follow along.
Jury trials get narrower treatment. Rule 88(c) allows blending only as to specific witnesses or the court reporter, and only if the court makes the same safeguard findings required for hearings and non-jury trials -- the parties, counsel, the judge, and the jury itself must all be physically present in the courtroom. A fully virtual jury trial isn't an option under this rule.
The rule also sets out how a virtual or blended format gets on the table in the first place: the parties can jointly agree to it, any single party can move for it and must explain how the safeguards will be met (with the other side getting a chance to respond before the court rules), or the court can raise it on its own motion, again with notice of how the safeguards will be satisfied and an opportunity for the parties to be heard. And once a proceeding is underway, Rule 88(e) bars anyone but the court from broadcasting, recording, photographing, or otherwise publishing it, except as needed to meet the public-access safeguard or as separately allowed under Arkansas Supreme Court Administrative Order No. 6.
Frequently Asked Questions
What is the difference between a "virtual" and a "blended" proceeding under Rule 88?
In a virtual proceeding, every participant -- parties, counsel, the court reporter, witnesses, and the judge -- appears electronically at the same time. In a blended proceeding, at least two of those participants are physically present in the courtroom while at least one appears remotely.
Can a jury trial be conducted virtually under Rule 88?
Not fully. Rule 88(c) permits only blending as to specific witnesses or the court reporter in a jury trial, and even then the parties, counsel, the judge, and the jury must all be physically present in the courtroom.
What must a court find before allowing a virtual or blended hearing?
Under Rule 88(b), the court must determine that: rights-protecting procedures are in place, a concurrent record can be made and preserved, clear procedures exist for handling evidence, everyone involved has the technical ability to participate meaningfully, and the public retains access to any proceeding that would otherwise be open.
How does the public get access to a virtual hearing?
Rule 88(b)(5) allows public access to be satisfied by simulcasting the virtual proceeding in the physical courtroom on request, but also requires notice posted on the courtroom door (or the court's usual posting location) at least one hour before the hearing, with instructions for how the public can request access.
Who can request that a proceeding be held virtually or as a blended proceeding?
Rule 88(d) allows three paths: the parties can jointly move for it, any single party can move for it (explaining how the safeguards will be met, with the other side given a chance to respond), or the court can raise it on its own motion, again explaining the safeguards and giving the parties a chance to be heard before proceeding.
Can someone in the public record or broadcast a virtual hearing?
No. Rule 88(e) bars anyone other than the court from broadcasting, recording, photographing, or otherwise publishing a virtual or blended proceeding, except as necessary to satisfy the public-access safeguard or as separately permitted under Arkansas Supreme Court Administrative Order No. 6.
When did Rule 88 take effect?
The rule's History note states it was adopted May 19, 2022, effective June 1, 2022.
Source & verification. Rule text, Reporter's Notes, and amendment
history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by
the Arkansas Supreme Court. The plain-English summary is original and written by us.
Last verified July 13, 2026. ·
Official source
Also known as: virtual hearing Arkansasremote court proceeding rulezoom hearing civil procedureblended proceedingvirtual trial ruleremote jury trial Arkansasvideo hearing ruleAdministrative Order No. 6 Arkansas