§ 14A.056.Conduct of Proceedings

The most substantially rewritten provision in the chapter, and the phrase to notice is "without the consent".

"Remote proceeding" is defined as one in which one or more participants — including a judge, the individual, a party, an attorney, a witness, a court reporter, or another individual — attends remotely through the use of technology and the Internet, including video communications technology.

The definition is broader than the inmate chapter’s video hearing in three ways. It reaches any participant rather than only the confined one; it covers a judge attending remotely; and it is written around the Internet rather than around dedicated video equipment.

It also covers a "proceeding" rather than a "hearing", which is wider on its face.

The court may act "without the consent of the civilly committed individual or of the parties".

That clause has no counterpart in the inmate chapter, whose provision is permissive and says nothing about consent.

Stating it expressly forecloses an argument. A litigant might otherwise contend that appearing remotely requires agreement, and the section removes the question.

The alternative of holding the proceeding at the facility is retained, so a court may move rather than connect.

The recording requirement is modernised: a remote proceeding shall be recorded on videotape or by other electronic means, and the recording is sufficient to serve as a permanent record.

"Or by other electronic means" is the addition, and it matters — the inmate chapter still names videotape alone, which is a format the technology it now describes does not produce.