Current through Register Vol. 46, No. 39, September 25, 2024
(a) The chief
administrator of the courts may establish and implement a plan for one or more
pilot programs for the filing of petitions ex parte for temporary orders of
protection by electronic means, and for the conduct of proceedings and the
issuance of such orders by audio-visual means in order to accommodate litigants
for whom attendance at court to file for and obtain emergency relief would
constitute an undue hardship, or to accommodate litigants for whom traveling to
and appearing in the courthouse to obtain emergency relief creates a risk of
harm to such litigant. In developing this plan, the chief administrator shall
strive for programs that are regionally diverse, and shall take into
consideration the availability of public transportation, population density,
and the availability of suitable program facilities.
(b) In planning pilot programs, the chief
administrator will consult with one or more local programs providing assistance
to victims of domestic violence, the office for the prevention of domestic
violence, and attorneys who represent family offense petitioners.
(c) The plan shall include, but not be
limited to:
(1) identification of family
justice centers or other organizations or appropriate sites outside of the
local family court that are equipped with or have access to suitable
audio-visual and electronic equipment for participation in a pilot
program;
(2) identification of
licensed and certified organizations, agencies or entities with advocates for
victims of domestic violence who are trained and available to assist persons
filing for orders under a pilot program;
(3) assessment of family court and other
court system resources;
(4)
delineation of procedures for filing of petitions and supporting documents by
electronic means, swearing in petitioners and witnesses, preparation of
transcriptions of testimony and a record of evidence adduced, and prompt
transmission of orders to petitioners;
(5) a timetable for implementation and public
notice of pilot programs;
(6) a
description of data to be collected to evaluate and improve pilot
programs.
(d) The
procedures of each pilot program shall provide that:
(1) all electronic appearances by petitioners
seeking temporary orders of protection ex parte by electronic appearance in a
pilot program shall be voluntary, and the consent of participating petitioners
will be stated on the record at the commencement of each appearance;
(2) petitioners seeking temporary orders of
protection ex parte by electronic appearance in a pilot program must file a
petition in advance of such appearance, and may do so by electronic means with
the assistance of trained advocates. The petition shall set forth the
circumstances in which a courthouse appearance would constitute undue hardship
or create a risk of harm to the petitioner. Documentary evidence referred to by
a party or witness or the court may be transmitted, submitted, and introduced
by electronic means;
(3) in
granting or denying relief sought in a petition, the court shall state the
names of all participants, and whether it is granting or denying an appearance
by electronic means, and the basis for such determination;
(4) parties shall not be compelled to file a
petition or document by electronic means or to testify by electronic
appearance;
(5) electronic
appearances shall be recorded and preserved for transcription;
(6) the pilot program shall not affect or
change any existing laws governing the service of process (including
requirements for personal service), or the sealing and confidentiality of court
records in family court proceedings, or access to family court
records.
(e) The chief
administrator shall maintain a current and publicly-available listing of sites
where petitioners may make applications and appearances under pilot programs
pursuant to this section.
