800.085 Telephone and audiovisual proceedings. At any proceeding under this chapter, a party, witness, or interpreter may appear by telephone or by audiovisual means if any of the following apply:
(1) The parties so stipulate and the court approves.
(2) The court finds good cause after considering the following factors:
(a) Whether any undue surprise or prejudice would result.
(b) Whether the proponent has been unable, after due diligence, to procure the physical presence of the witness.
(c) The convenience of the parties and the proposed witness and the cost of producing the witness in relation to the importance of the offered testimony.
(d) Whether the procedure would allow full effective cross-examination, especially where availability to counsel of documents and exhibits available to the witness would affect such cross-examination.
(e) The importance of presenting the testimony of witnesses in open court, where the finder of fact may observe the demeanor of the witness, and where the solemnity of the surroundings will impress upon the witness the duty to testify truthfully.
(f) Whether the quality of the communication is sufficient to understand the offered testimony.
(g) Whether a physical liberty interest is at stake in the proceeding.
(h) Financial or physical limitations on the ability of the defendant or counsel for the defendant to be physically present.
(i) Any other factors as the court may, in each individual case, determine to be relevant.
History: 2009 a. 402; 2019 a. 70; s. 35.17 correction in (2) (c).