(A) Facilitation of Virtual Events. The trial judge authorizing the virtual event may specify:
Rule 9.2.Virtual Events; Generally
Rule 9. VIRTUAL PROCEEDINGS · Last amended 2023 · Last verified July 17, 2026
In one sentenceRule 9.2 sets the operating rules for virtual court events authorized under Rule 9.1, covering cost allocation, attorney-client confidentiality, recording, video-testimony standards, and the requirement that a virtual proceeding remain as open to the public as an in-person one would be, including advance notice and a chance for the public to view it.
Full Text of Rule 9.2
(1) The time and the person who will initiate the virtual event;
(2) The party which is to incur the initial expense of the virtual event, if any, or the apportionment of such costs among the parties, while retaining the discretion to make an adjustment of such costs upon final resolution of the case by taxing same as a part of the costs; and
(3) Any other matter or requirement necessary to accomplish, facilitate, or control the virtual event.
(B) Confidential Attorney-Client Communications. Provisions shall be made to preserve the confidentiality of attorney-client communications and privilege in accordance with Georgia law. In all criminal virtual events, the defendant and defense counsel shall be provided with a private means of communications when in different locations.
(C) Recording of Hearings. A record of any proceedings conducted by virtual event shall be made in the same manner as all such similar proceedings not conducted by virtual event. Any recording of a virtual event shall be governed by USCR 21 and 22.
(D) Witnesses. In any virtual event conducted by video, or any in-person proceeding, a witness may testify virtually via video.
(1) In civil matters, the discretion to allow testimony virtually via video shall rest with the trial judge.
(2) In any criminal matter, an objection to a witness testifying virtually via video shall be sustained; however, such objection shall act as a motion for continuance.
(E) Technical Standards for Virtual Events Via Video. Any video-conferencing system utilized under this rule must conform to the following minimum requirements:
(1) All participants must be able to see, hear, and communicate with each other simultaneously;
(2) All participants must be able to see, hear, and otherwise observe any physical evidence or exhibits presented during the proceeding, either by video, facsimile, or other method; and
(3) Video quality must be adequate to allow participants to observe each other’s demeanor and nonverbal communications.
(F) Public Access and Open Court. It is the policy of Georgia’s courts to promote access to open court proceedings for participants, the general public, and news media. A court is open when the public is able to access court when a judge is presiding. For any virtual event that would otherwise be in open court and publicly accessible, if the event were conducted live, the virtual event shall constitute open court, subject to any constitutional restrictions, provided that:
(1) If the location from which the trial judge is presiding is not accessible to the public, timely notice shall be given to the parties and the public that a proceeding will occur wholly virtually;
(a) Such notice may be given to the public by an unrestricted website posting, on the court’s publicly accessible docket, or similar means.
(b) In the event a court provides public access to a livestream of all proceedings to which the right of open, publicly accessible court applies, the livestream may constitute such notice, provided that notice of the livestream itself is also provided through the websites of one or more of the following: the court; the clerk of court; the Council of Superior Court Judges; or the local bar association(s), if any.
(2) If a party or a member of the public objects to the remote proceeding, the court shall sustain or overrule such objection prior to conducting the proceeding; and
(3) The public shall be given an opportunity to view the virtual event, such as by joining the video conference (although unable to participate), through a livestream, or through substantially similar means.
(G) Effective Date. This rule shall be effective for any virtual event taking place on or after March 1, 2023.
Plain-English Summary
Rule 9.2 fills in the operational details once a proceeding qualifies for virtual treatment under Rule 9.1. The trial judge authorizing the event decides who starts it and when, who bears the initial cost, with the option to reallocate that cost as part of the final judgment, and any other logistics needed to make the event work.
Confidentiality gets specific attention. The rule requires arrangements that protect attorney-client privilege, and in criminal virtual events it goes further: if the defendant and defense counsel are in different locations, they must have a private channel to communicate with each other during the proceeding. Recording works the same as it would for an in-person hearing, governed by the same rules — USCR 21 and 22 — that apply otherwise.
Witness testimony by video gets different treatment depending on the case type. In civil matters, whether a witness can testify virtually is left to the trial judge’s discretion. In criminal matters, the rule flips that default: an objection to a witness testifying by video must be sustained, though the objecting party effectively trades that testimony format for a continuance, since the objection itself operates as a motion to continue. Any video system used has to let everyone see, hear, and talk to each other at once, let participants observe physical evidence or exhibits presented, and produce video quality good enough to pick up on demeanor and body language.
The rule treats a virtual proceeding as open court whenever the equivalent in-person proceeding would be open, subject to constitutional limits. If the judge’s own location is not open to the public, the court has to give timely notice that the proceeding will be wholly virtual — through a website posting, the public docket, or a livestream paired with notice of that livestream. Any objection to conducting the proceeding remotely gets resolved before the hearing starts, and the public has to have some way to watch, whether by joining the video call as an observer, a livestream, or something similar.
Frequently Asked Questions
Who decides the cost allocation for a virtual event?
The trial judge authorizing the event, who may specify which party incurs the initial expense or how it is apportioned, while retaining discretion to adjust that as part of final costs.
What special confidentiality protection applies in criminal virtual events?
The defendant and defense counsel must be provided a private means of communication when they are in different locations.
Can a party object to a witness testifying by video in a criminal case?
Yes, and the objection shall be sustained, though the objection also acts as a motion for continuance.
What technical standards must a video-conferencing system meet?
Participants must be able to see, hear, and communicate with each other simultaneously; observe any physical evidence or exhibits presented; and video quality must be adequate to observe demeanor and nonverbal communications.
How does the public get access to a wholly virtual proceeding?
Through an opportunity to view the event, such as joining the video conference as an observer, a livestream, or substantially similar means, after the required notice is given.
Amendment History
Adopted effective July 15, 2004; amended March 1, 2023.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
Also known as: georgia virtual court hearing rulesUSCR 9.2video testimony objection criminal georgia courtvirtual hearing public access georgiaattorney client privilege virtual hearing georgiavideo conferencing technical standards georgia court