Rule 116.Hearings by Telephone or Video Teleconference

Rule 116 lists what can be heard remotely, and the two exclusions define the rule.

What may be heard by telephone or video

• Any motion — except a motion for summary judgment, unless the parties stipulate to allow it;
• Any evidentiary hearing where no oral testimony is to be produced — and the court may allow testimony by video teleconference if the parties stipulate;
• any other pretrial matter; and
• a hearing on a petition for an ex parte civil protection order.

What the exclusions mean

Live testimony and summary judgment are singled out for opposite reasons. Testimony is excluded because credibility is judged in person — which is why the parties can consent to video but not to telephone for it. Summary judgment is excluded because it disposes of claims without a trial, so the argument that replaces the trial happens in the room.

The inclusion of ex parte civil protection order hearings runs the other way, and deliberately: a petitioner seeking emergency protection should not have to travel to get it.

The record, and who pays

Minutes of any remote hearing must be prepared and filed. The hearing must be audio recorded electronically, with the recording made, retained and erased as the court directs. And the costs of the telephone or video conference may be allowed as discretionary costs to the party who paid them, if that party prevails — which connects to Rule 901's costs machinery.