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House File 2281 - ReprintedA Bill ForAn Act 1relating to video conferences in judicial proceedings
2and certified shorthand reporter audio and video recordings,
3and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 602.1601A Video conferences in
2judicial proceedings.
31. Upon motion of any of the parties, an initial appearance
4or arraignment shall be conducted by video conference with the
5parties and other participants if appropriate technology is
6available.
72. Upon motion of any of the parties, a pretrial conference,
8scheduling conference, or any other noncontested judicial
9proceeding shall be conducted by video conference with the
10parties and other participants, if appropriate technology is
11available, unless the court orders the proceeding to be held in
12person for good cause. A court’s determination of good cause
13shall be made separately for each motion.
143. Upon motion of any of the parties, a hearing in a
15criminal, juvenile, or postconviction relief proceeding may
16be conducted by video conference with the parties and other
17participants if the hearing is conducted in an efficient manner
18and the hearing does not prejudice a substantial right of any
19party, if appropriate technology is available.
204. Any party may file a resistance to a motion to hold
21a judicial proceeding by video conference pursuant to this
22section.
23 Sec. 2. Section 602.3205, Code 2022, is amended to read as
24follows:
25602.3205 Audio and video recordings.
261. Except as provided in subsection 2 or 3, a certified
27shorthand reporter’s audio and video recordings used solely
28for the purpose of providing a verbatim written transcript of
29a court proceeding or a proceeding conducted in anticipation
30of use in a court proceeding shall be considered the personal
31property and private work product of the certified shorthand
32reporter.
332. An audio or video recording of a certified shorthand
34reporter appointed under section 602.6603 shall be provided to
35the presiding judge or chief judge for an in camera review upon
-1-1court order for good cause shown.
23. a. An audio or video recording of a certified shorthand
3reporter shall be provided to the board upon request by the
4board if a disciplinary proceeding is pending regarding the
5certified shorthand reporter who is a respondent under the
6provisions of section 602.3203 or the rules of the board of
7examiners of shorthand reporters, Iowa court rules, ch.46.
8b. The audio and video recordings provided to the board
9pursuant to this subsection shall be kept confidential by the
10board in a manner as provided in section 272C.6, subsection 4.
11 Sec. 3. Section 624.1, subsection 1, Code 2022, is amended
12to read as follows:
131. All issues of fact in ordinary actions shall be tried
14upon oral evidence taken in open court, except that depositions
15may be used as provided by law. “Open court” includes the
16remote testimony of a witness by video conference or other
17remote means of communication if approved by the court.
18 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
19importance, takes effect upon enactment.
as/rh/md
2and certified shorthand reporter audio and video recordings,
3and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 602.1601A Video conferences in
2judicial proceedings.
31. Upon motion of any of the parties, an initial appearance
4or arraignment shall be conducted by video conference with the
5parties and other participants if appropriate technology is
6available.
72. Upon motion of any of the parties, a pretrial conference,
8scheduling conference, or any other noncontested judicial
9proceeding shall be conducted by video conference with the
10parties and other participants, if appropriate technology is
11available, unless the court orders the proceeding to be held in
12person for good cause. A court’s determination of good cause
13shall be made separately for each motion.
143. Upon motion of any of the parties, a hearing in a
15criminal, juvenile, or postconviction relief proceeding may
16be conducted by video conference with the parties and other
17participants if the hearing is conducted in an efficient manner
18and the hearing does not prejudice a substantial right of any
19party, if appropriate technology is available.
204. Any party may file a resistance to a motion to hold
21a judicial proceeding by video conference pursuant to this
22section.
23 Sec. 2. Section 602.3205, Code 2022, is amended to read as
24follows:
25602.3205 Audio and video recordings.
261. Except as provided in subsection 2 or 3, a certified
27shorthand reporter’s audio and video recordings used solely
28for the purpose of providing a verbatim written transcript of
29a court proceeding or a proceeding conducted in anticipation
30of use in a court proceeding shall be considered the personal
31property and private work product of the certified shorthand
32reporter.
332. An audio or video recording of a certified shorthand
34reporter appointed under section 602.6603 shall be provided to
35the presiding judge or chief judge for an in camera review upon
-1-1court order for good cause shown.
23. a. An audio or video recording of a certified shorthand
3reporter shall be provided to the board upon request by the
4board if a disciplinary proceeding is pending regarding the
5certified shorthand reporter who is a respondent under the
6provisions of section 602.3203 or the rules of the board of
7examiners of shorthand reporters, Iowa court rules, ch.46.
8b. The audio and video recordings provided to the board
9pursuant to this subsection shall be kept confidential by the
10board in a manner as provided in section 272C.6, subsection 4.
11 Sec. 3. Section 624.1, subsection 1, Code 2022, is amended
12to read as follows:
131. All issues of fact in ordinary actions shall be tried
14upon oral evidence taken in open court, except that depositions
15may be used as provided by law. “Open court” includes the
16remote testimony of a witness by video conference or other
17remote means of communication if approved by the court.
18 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
19importance, takes effect upon enactment.
as/rh/md