§ 19.2-3.1. Personal appearance by two-way electronic video and audiocommunication; standards.
A. Where an appearance is required or permitted before a magistrate, intakeofficer or, prior to trial, before a judge, the appearance may be by (i)personal appearance before the magistrate, intake officer or judge or (ii)use of two-way electronic video and audio communication. If two-wayelectronic video and audio communication is used, a magistrate, intakeofficer or judge may exercise all powers conferred by law and allcommunications and proceedings shall be conducted in the same manner as ifthe appearance were in person. If two-way electronic video and audiocommunication is available for use by a district court for the conduct of ahearing to determine bail or to determine representation by counsel, thecourt shall use such communication in any such proceeding that wouldotherwise require the transportation of a person from outside thejurisdiction of the court in order to appear in person before the court. Anydocuments transmitted between the magistrate, intake officer, or judge andthe person appearing before the magistrate, intake officer, or judge may betransmitted by electronically transmitted facsimile process or otherelectronic method. The facsimile or other electronically generated documentmay be served or executed by the officer or person to whom sent, and returnedin the same manner, and with the same force, effect, authority, and liabilityas an original document. All signatures thereon shall be treated as originalsignatures.
B. Any two-way electronic video and audio communication system used for anappearance shall meet the following standards:
1. The persons communicating must simultaneously see and speak to one another;
2. The signal transmission must be live, real time;
3. The signal transmission must be secure from interception through lawfulmeans by anyone other than the persons communicating; and
4. Any other specifications as may be promulgated by the Chief Justice of theSupreme Court.
(1991, c. 41; 1996, cc. 755, 914; 2006, c. 285; 2009, cc. 94, 623; 2010, c.800.)
§ 19.2-3.1. Personal appearance by two-way electronic video and audiocommunication; standards.
A. Where an appearance is required or permitted before a magistrate, intakeofficer or, prior to trial, before a judge, the appearance may be by (i)personal appearance before the magistrate, intake officer or judge or (ii)use of two-way electronic video and audio communication. If two-wayelectronic video and audio communication is used, a magistrate, intakeofficer or judge may exercise all powers conferred by law and allcommunications and proceedings shall be conducted in the same manner as ifthe appearance were in person. If two-way electronic video and audiocommunication is available for use by a district court for the conduct of ahearing to determine bail or to determine representation by counsel, thecourt shall use such communication in any such proceeding that wouldotherwise require the transportation of a person from outside thejurisdiction of the court in order to appear in person before the court. Anydocuments transmitted between the magistrate, intake officer, or judge andthe person appearing before the magistrate, intake officer, or judge may betransmitted by electronically transmitted facsimile process or otherelectronic method. The facsimile or other electronically generated documentmay be served or executed by the officer or person to whom sent, and returnedin the same manner, and with the same force, effect, authority, and liabilityas an original document. All signatures thereon shall be treated as originalsignatures.
B. Any two-way electronic video and audio communication system used for anappearance shall meet the following standards:
1. The persons communicating must simultaneously see and speak to one another;
2. The signal transmission must be live, real time;
3. The signal transmission must be secure from interception through lawfulmeans by anyone other than the persons communicating; and
4. Any other specifications as may be promulgated by the Chief Justice of theSupreme Court.
(1991, c. 41; 1996, cc. 755, 914; 2006, c. 285; 2009, cc. 94, 623; 2010, c.800.)
§ 19.2-3.1. Personal appearance by two-way electronic video and audiocommunication; standards.
A. Where an appearance is required or permitted before a magistrate, intakeofficer or, prior to trial, before a judge, the appearance may be by (i)personal appearance before the magistrate, intake officer or judge or (ii)use of two-way electronic video and audio communication. If two-wayelectronic video and audio communication is used, a magistrate, intakeofficer or judge may exercise all powers conferred by law and allcommunications and proceedings shall be conducted in the same manner as ifthe appearance were in person. If two-way electronic video and audiocommunication is available for use by a district court for the conduct of ahearing to determine bail or to determine representation by counsel, thecourt shall use such communication in any such proceeding that wouldotherwise require the transportation of a person from outside thejurisdiction of the court in order to appear in person before the court. Anydocuments transmitted between the magistrate, intake officer, or judge andthe person appearing before the magistrate, intake officer, or judge may betransmitted by electronically transmitted facsimile process or otherelectronic method. The facsimile or other electronically generated documentmay be served or executed by the officer or person to whom sent, and returnedin the same manner, and with the same force, effect, authority, and liabilityas an original document. All signatures thereon shall be treated as originalsignatures.
B. Any two-way electronic video and audio communication system used for anappearance shall meet the following standards:
1. The persons communicating must simultaneously see and speak to one another;
2. The signal transmission must be live, real time;
3. The signal transmission must be secure from interception through lawfulmeans by anyone other than the persons communicating; and
4. Any other specifications as may be promulgated by the Chief Justice of theSupreme Court.
(1991, c. 41; 1996, cc. 755, 914; 2006, c. 285; 2009, cc. 94, 623; 2010, c.800.)
