Rule 3.180.Electronic Recording and Writing

The rule works off three defined terms. Electronic recording covers video, audio, and still photography by any device, from a cell phone to a camera, and pointedly excludes electronic writing. Electronic writing means taking notes or writing by electronic means, including word processing and the composition of texts, emails, and instant messages. Electronic transmission means sending a recording or a writing out, by email, text, or instant message, by live stream, or by posting to a social media or networking service. Keeping the three apart is the key to reading the rest.

Without the court's express prior permission, a person may not electronically record anywhere in the courthouse under the court's control and supervision, may not record a court proceeding, may not transmit a recording from within a courtroom during a proceeding, may not engage in electronic writing within a courtroom, may not transmit a writing from within a courtroom during a proceeding, and, while remotely observing or participating, may not transmit a writing directly and specifically to a witness until the court excuses that witness. Attorneys and agents of attorneys are exempt from the three writing restrictions unless the court orders otherwise, which is what allows counsel to work on a laptop at counsel table. A judicial district may also adopt a supplementary local rule designating areas outside the courtroom, such as hallways or entrances, where recording is allowed without prior permission, and SLR 3.181 is reserved for that purpose.

Requests come before the proceeding starts, and the court may charge no fee for them. The court weighs the solemnity, decorum, and dignity of the court, the protection of parties, witnesses, and jurors, and whether the requestor has shown an understanding of the whole rule. If the request is granted, the court notifies all parties, and the court must permit one video camera, one still camera, and one audio recorder, with discretion to allow more in a courtroom or during a remote proceeding. The court may dictate where equipment sits and how it is operated, and artificial lighting is out. Pooling belongs entirely to the people who want to record; the court will not mediate their disputes and may terminate the recording if they cannot agree on how it will be conducted or distributed.

Denial of a single request is one thing; shutting down all recording by everyone is another. To wholly prohibit recording of a proceeding the court must make findings of fact on the record establishing a reasonable likelihood that recording will interfere with the parties' fair trial rights or affect the presentation of evidence or the outcome, or that its costs or burdens will interfere with the efficient administration of justice. Turning down one requestor, even the only one, requires no findings. Beyond that, the court may limit recording of particular parts of a proceeding, and some things may never be recorded by anyone: proceedings in chambers, private notes and conversations including bench conferences and attorney-client discussions, voir dire, recesses and other off-the-record time, jurors anywhere under the court's control throughout their trial, proceedings involving a sex crime where the victim asks, and dissolution, juvenile, paternity, adoption, custody, visitation, support, civil commitment, trade secrets, and abuse, restraining, and stalking order proceedings. A person recording under the rule must, on request and at no cost to the court, hand over a copy in an accessible format for in camera review, which the court may keep and may seal. Violate the rule and the court may order the person and any organization they are affiliated with to stop recording or writing. The rule leaves the contempt power intact, does not waive the media shield law, and does not apply to court personnel doing their jobs.