Senate File 2246 - Introduced SENATE FILE 2246 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3061) A BILL FOR An Act relating to remote testimony in civil and criminal court 1 proceedings. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5314SV (3) 89 cm/jh

S.F. 2246 Section 1. Section 624.1, subsection 1, Code 2022, is 1 amended to read as follows: 2 1. All issues of fact in ordinary civil actions shall 3 be tried upon oral and other evidence taken in open court, 4 except that depositions may be used as provided by law. Oral 5 evidence taken in open court includes remote testimony of a 6 witness by telephone, videoconference, or other remote means of 7 communication approved by the court. 8 Sec. 2. NEW SECTION . 624.2A Remote testimony. 9 1. If all parties and the parties’ attorneys request 10 that noncontested court proceedings in civil actions be 11 held by videoconference, telephone, or other remote means of 12 communications approved by the court, the court shall grant the 13 request if appropriate technology is available. 14 2. If all parties and the parties’ attorneys request that 15 jury and nonjury trials, or other contested court proceedings 16 in civil actions, be held by videoconference, telephone, or 17 other remote means of communications approved by the court, 18 the court may grant the request if appropriate technology is 19 available. 20 Sec. 3. NEW SECTION . 801.6 Remote testimony. 21 1. If all parties and the parties’ attorneys request 22 that noncontested criminal court proceedings be held by 23 videoconference, telephone, or other remote means of 24 communications approved by the court, the court shall grant the 25 request if appropriate technology is available. 26 2. If all parties and the parties’ attorneys request that 27 jury and nonjury criminal trials, or other contested court 28 proceedings be held by videoconference, telephone, or other 29 remote means of communications approved by the court, the court 30 may grant the request if appropriate technology is available. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill authorizes the use of remote testimony in civil 35 -1- LSB 5314SV (3) 89 cm/jh 1/ 2

S.F. 2246 trials, noncontested criminal proceedings, and contested 1 criminal proceedings in certain circumstances. Under current 2 law, all testimony needs to be taken in open court, except for 3 depositions. The bill, in part, is a response to the supreme 4 court of Iowa’s decision in In re Estate of Rutter, 633 N.W.2d 5 740 (Iowa 2001). The bill is also, in part, a response to 6 the supreme court of Iowa’s decision in State v. Rogerson, 7 855 N.W.2d 495 (Iowa 2014), where the court held that remote 8 testimony of a witness in a criminal proceeding would violate 9 the Sixth Amendment’s confrontation clause. 10 The bill provides that oral evidence taken in open court 11 includes remote testimony of a witness. 12 The bill establishes that remote testimony requests in 13 noncontested civil and criminal court proceedings shall be 14 granted by the court if appropriate technology is available. 15 In contested civil and criminal proceedings, the court may 16 grant the request for remote testimony if the appropriate 17 technology is available and all parties consent. 18 -2- LSB 5314SV (3) 89 cm/jh 2/ 2