LMPR 1.8 Taking Testimony via Video or Telephone
Local Mental Proceeding Rule
(a) General. The Court may take testimony from any witness, including the respondent, via video, telephone, or other electronic means consistent with statute and court rules. The testimony shall be taken in open court with the respondent appearing either in-person or by video, unless the respondent or his or her guardian ad litem, if the court has appointed one, waives his or her presence.
(b) Specific. The Court will conduct all evidentiary non-jury hearings via video for respondents detained at those facilities designated by general order. For a current list of health care facilities participating in video Involuntary Treatment Act hearings, see the relevant King County Superior Court general order available from the Clerk’s Office by telephone at (206) 296-9300 or by accessing https://www.kingcounty.gov/courts/clerk.
Nothing in this rule precludes any respondent from filing a motion to request an in-person hearing, which the court may grant for good cause. In considering such a motion, the Court may consider, among other things, whether the respondent’s alleged mental illness has an impact on the respondent’s ability to perceive or participate in the proceedings by video. LMPR 1.9 shall govern the filing of that motion and the response, if any. The Court may rule on such motion based on the written submissions of the parties and may also allow testimony by video or in-person.
(c) Standards for Video Proceedings. For any hearing conducted via video, the technology used must permit the presiding judicial officer, counsel, all parties, and the witness to be able to see, hear, and speak when authorized, during the proceedings, to allow attorneys to use exhibits or other materials during trial, and to allow respondent’s counsel to be in the same location as the respondent unless otherwise requested by the respondent and/or respondent’s counsel. To the extent there are any statutes, case law, or constitutional standards relating to conducting video proceedings, such standards are incorporated herein by reference.
(d) Video Pilot Projects. The court may implement video pilot projects consistent with LCMR 13.
[Adopted effective September 2, 2014; amended effective October 29, 2015; January 27, 2016; April 26, 2016; September 1, 2016; December 14, 2017; February 28, 2018; May 29, 2018; June 7, 2018; September 1, 2018.]