(a) The court may permit a party in any civil trial or proceeding to present live testimony by means of audiovisual technology upon such conditions as the court may impose. Unless the court in its discretion allows a motion on shorter notice, such motion must be made, whether orally or in writing, at least 15 days in advance of the trial or hearing. Any party opposing a written motion must file any objections in writing 5 days after service of such motion, unless a different schedule is set by the court.
Rule 1:27.Testimony by Audiovisual Means in Circuit Court Civil Cases.
Part One: General Rules Applicable to All Proceedings · Last amended 2025 · Last verified July 16, 2026
In one sentenceRule 1:27 lets a circuit court permit live testimony by audiovisual technology in a civil case, puts the equipment and logistics burden on the offering party, deems a remote oath given within Virginia, and lists presumptive situations — party consent or a distant or specific type of witness — for allowing it.
Full Text of Rule 1:27
(b) Unless the courtroom or facility where the testimony will be presented has equipment meeting the standards of Code § 19.2-3.1, the party offering testimony of a witness by audiovisual means is responsible for providing the necessary equipment, and all necessary logistical arrangements, at no cost to the court. All costs and arrangements for the location where the witness will give testimony are also the responsibility of the party offering the testimony. Failure to ensure that the courtroom or facility where the trial or hearing is to be held—and the location where the witness would testify—are properly set up for such testimony will preclude the offering of such testimony by audiovisual means. Remedies and procedures to address the failure of the arrangements to function properly for some other reason, such as a power outage affecting the Virginia courtroom, are within the sound discretion of the presiding judge.
(c) Any oath administered to a party or witness testifying by means of audiovisual technology shall be deemed to have been administered within the Commonwealth.
(d) Presumptive cases for allowing remote testimony. — The court should enter an order permitting live testimony under this Rule as follows:
(1) Consent of All Parties. Upon consent of all parties for live testimony of any party, lay witness, or expert witness by means of any audiovisual technology; or,
(2) Distant and Other Specific Witnesses. If (i) a lay witness is at a greater distance than 100 miles from the place of trial or hearing, or is out of the Commonwealth, unless it appears that the absence of the witness was procured by the party offering the testimony, or if (ii) the witness is a superintendent of a hospital for the insane more than 30 miles from the place of trial, or is a physician, surgeon, dentist, chiropractor, registered nurse, physician’s assistant or nurse practitioner who, in the regular course of his or her profession, treated or examined any party to the proceeding, or is in any public office or service the duties of which prevent his attending court; provided, however, that if the witness is subject to the jurisdiction of the court, the court may, upon a showing of good cause or sua sponte, order the witness to attend and to testify ore tenus.
Plain-English Summary
Rule 1:27 lets a circuit court permit a party to present live testimony in a civil trial or proceeding by audiovisual technology, on whatever conditions the court sets. A motion for this, written or oral, must ordinarily come at least fifteen days before the trial or hearing, unless the court allows shorter notice, and any written objection must be filed within five days of service of the motion, unless the court sets a different schedule.
The party offering the remote testimony bears the burden of making it work. Unless the courtroom already has equipment meeting the standard set in Code § 19.2-3.1, that party must supply the necessary equipment and logistical arrangements, at no cost to the court, and must cover the costs and arrangements at the remote witness’s location. If the courtroom or the remote location is not properly set up, the court cannot allow the testimony by audiovisual means for that reason, though the judge has discretion over how to handle other kinds of technical failures, like a power outage. An oath given over the audiovisual connection is treated as though it were administered within Virginia.
The rule lists two presumptive situations for allowing remote testimony: when all parties consent to it for any witness, and when a lay witness is more than 100 miles from the trial or is out of Virginia (unless the offering party caused that absence), or the witness is a hospital superintendent more than thirty miles away, a treating medical or dental professional, or a public officer whose duties prevent attending court. Even then, if the witness is subject to the court’s jurisdiction, the court may order the witness to appear and testify in person, on a showing of good cause or on its own initiative.
Frequently Asked Questions
How much notice do I need to give before asking the court to allow remote testimony?
At least fifteen days before the trial or hearing, whether the motion is made orally or in writing, unless the court allows the motion on shorter notice.
Who pays for the equipment needed for audiovisual testimony?
The party offering the testimony, unless the courtroom or facility already has equipment meeting the standards in Code § 19.2-3.1. That party also covers the costs and arrangements at the location where the witness will testify.
Is an oath given over a video connection valid in Virginia?
Yes. Rule 1:27(c) deems an oath administered to a party or witness testifying by audiovisual means to have been administered within the Commonwealth.
When will a court presumptively allow remote testimony?
When all parties consent to it for any witness, or when a lay witness is more than 100 miles from the trial or out of Virginia, or the witness is a hospital superintendent more than thirty miles away, a treating physician or similar medical professional, or a public officer whose duties prevent attendance.
What happens if the equipment fails during remote testimony?
If the courtroom or witness location was never properly set up, the testimony cannot be offered by audiovisual means for that reason. Remedies for other failures, like a power outage, are left to the presiding judge’s discretion.
Amendment History
Adopted and promulgated by Order dated January 9, 2020; effective March 15, 2020. Last amended by Order dated January 15, 2025; effective March 17, 2025.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as: remote testimony Virginia civil trialaudiovisual testimony Virginia courtRule 1:27 Virginiawitness testifying by video Virginiaremote witness distance requirement Virginia