Senate File 2187 - Introduced SENATE FILE 2187 BY COMMITTEE ON TECHNOLOGY (SUCCESSOR TO SF 400) (SUCCESSOR TO SSB 1014) A BILL FOR An Act relating to the use of video conferences in judicial 1 proceedings, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1186SZ (2) 90 as/js
S.F. 2187 Section 1. NEW SECTION . 602.1601A Video conferences in 1 judicial proceedings. 2 1. Upon motion of any of the parties, an initial appearance 3 or arraignment shall be conducted by video conference with the 4 parties and other participants if appropriate technology is 5 available. 6 2. Upon motion of any of the parties, a pretrial conference, 7 scheduling conference, or any other noncontested judicial 8 proceeding shall be conducted by video conference with the 9 parties and other participants, if appropriate technology is 10 available, unless the court orders the proceeding to be held in 11 person for good cause. A court’s determination of good cause 12 shall be made separately for each motion. 13 3. Upon motion of any of the parties, a hearing in a 14 criminal, juvenile, or postconviction relief proceeding may 15 be conducted by video conference with the parties and other 16 participants if the hearing is conducted in an efficient 17 manner, the hearing does not prejudice a substantial right of 18 any party, and appropriate technology is available. 19 4. Any party may file a resistance to a motion to hold 20 a judicial proceeding by video conference pursuant to this 21 section. 22 Sec. 2. Section 624.1, subsection 1, Code 2024, is amended 23 to read as follows: 24 1. All issues of fact in ordinary actions shall be tried 25 upon oral evidence taken in open court, except that depositions 26 may be used as provided by law. “Open court” includes the 27 remote testimony of a witness by video conference or other 28 remote means of communication if approved by the court. 29 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 30 importance, takes effect upon enactment. 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 relates to the use of video conferences in judicial 35 -1- LSB 1186SZ (2) 90 as/js 1/ 2
S.F. 2187 proceedings and certified shorthand reporter audio and video 1 recordings. 2 The bill provides that upon motion of any party, an 3 initial appearance or arraignment shall be conducted by 4 video conference with the parties and other participants if 5 appropriate technology is available. Upon motion of any 6 party, a pretrial conference, scheduling conference, or any 7 other noncontested judicial proceeding shall be conducted by 8 video conference with the parties and other participants if 9 appropriate technology is available, unless the court orders 10 the proceeding to be held in person for good cause. 11 The bill provides that upon motion of any party, a hearing 12 in a criminal, juvenile, or postconviction relief proceeding 13 may be conducted by video conference with the parties and 14 other participants if the hearing is conducted in an efficient 15 manner, the hearing does not prejudice a substantial right of 16 any party, and appropriate technology is available. 17 The bill provides that any party may file a resistance to a 18 motion to hold a judicial proceeding by video conference. 19 The bill amends the definition of “open court” in Code 20 section 624.1 (evidence in ordinary actions) to include the 21 remote testimony of a witness by video conference or other 22 remote means of communication if approved by the court. 23 The bill takes effect upon enactment. 24 -2- LSB 1186SZ (2) 90 as/js 2/ 2