Victim Testimony by Video Conference-Civil Cases and forms

Court Rules

Rule 55 - Victim Testimony by Video Conference-Civil Cases

Rule 55.1 - Victim Testimony by Video Conference-Civil Cases and forms

Rule 55.1. Victim testimony by Video Conference - Civil Cases

1. A person may testify by video conference at a civil trial involving an offense under sections 565.072 to 565.076 if the person testifying is the victim of such offense.

2. In order to testify by video conferencing under this rule, a written Application to Testify by Video and a Video Testimony Information form shall be filed with the Court ten (10) or more days prior to the date of trial.

3. All exhibits to be offered at trial by a person appearing by video conference must be filed with the Court or hand delivered to the division assigned to the trial three (3) days before the date of trial.

4. Any objections to an Application to Testify by Video shall be filed with the Court three (3) or more days prior to the trial date.

5. The Court may modify any of the filing deadlines contained in this rule for good cause shown.

6. Any person requesting to appear at trial by video under this rule must provide all required information contained on the Court’s Application to Testify by Video and Video Testimony Information forms.

7. Video Testimony Information forms filed with the Court shall not be available to the public absent an order from the Court.

8. The Court shall provide notice of any approval of an Application to Testify by Video to the named parties in the case. This notice shall include filing requirements for any objections to such approval.

9. The Court shall provide Application to Testify by Video and Video Testimony Information forms on the Court’s website and in hard copy at the Kansas City and Independence Courthouses.

10. The Court shall post a written notice of this rule and instructions for this rule on the Court’s website and in the appropriate public area of the Kansas City and Independence Courthouses.

11. The notice and instructions for a victim to testify under this rule shall be posted as follows:

NOTICE TO THE PUBLIC
VIDEO TESTIMONY IN CIVIL TRIAL

Sixteenth Judicial Circuit Court Local Rule 55.1. Victim Testimony by Video - Civil Cases (Recite the complete language of the Rule)

INSTRUCTIONS FOR LOCAL RULE 55.1.

For those who desire to testify by video conferencing, you must comply with the following instructions PRIOR TO the hearing. Failure to comply with these instructions could result in your testimony not being received and/or your case being dismissed:

1. In order to testify by video conferencing under this rule, a written Application to Testify by Video and a Video Testimony Information form shall be filed with the Court ten (10) or more days prior to the date of trial.

2. Any person requesting to appear at trial by video under this rule must provide all required information contained on the Court’s Application to Testify by Video and Video Testimony Information forms. Information contained on the Video Testimony Information Form is confidential and will not be disclosed to the public.

3. The information set forth in the Application to Testify by Video shall contain the reasons why you believe you qualify to testify by video conferencing under Missouri Revised Statute Section 546.263.

4. Forms for the Application to Testify by Video under Local Rule 55.1. may be found on the Court’s website (16thcircuit.org/forms) and in hard copy at the Civil Records Department in Kansas City and Independence Courthouses.

5. The Court’s Video Testimony Information Form may be found on the Court’s website (16thcircuit.org/forms) and in hard copy at the Civil Records Department in the Kansas City and Independence Courthouses.

6. You will receive a notice from the Court via email and/or U.S. Mail of the approval or denial of your application. You may also check Missouri CaseNet (

www.courts.mo.gov/casenet

) for the status of your application.

7. If your application is approved, you will receive a URL (internet address), a meeting ID, and a password. You will use this information to connect to the Webex® court hearing through an internet browser or Webex® app;

8. Participation in video conferencing requires a device that supports the application (“app”) or software Webex®. Supported devices include computers, tablets, and smart phones, running the latest Apple iOS or Android operating systems. In order to use Webex®, your device must have a camera, microphone and speaker in good working order.

9. You are strongly encouraged to download the Webex® app on your device as soon as possible to best ensure your testimony can be received by the Court;

10. You are encouraged to use a separate headset with microphone to reduce feedback and improve audio quality. However, it is not required that you use a headset. You may reduce feedback and improve audio quality by muting the microphone on your device until you wish to speak or are asked a question by the Court, or other person;

11. You should join your Webex® video hearing at least 30 minutes prior to the scheduled hearing time to ensure your equipment and connection are operational;

12. After entering the meeting ID, you may be given the option to “Test Computer Audio.” If this option appears, click on the “Test Computer Audio” button to test your audio. Upon confirmation that your audio is working properly, click the button to join the meeting to complete your connection to the hearing;

13. You must activate your video camera and audio options so the Court can see and hear you. Failure to do so will exclude your testimony at the hearing;

14. The person testifying must be located in a quiet place with no other individuals in the room. The person testifying cannot read from any notes, messages, reports, or other recordings while they are testifying, unless they receive express permission from the Court;

15. The person testifying must identify themselves by saying their full name before they begin speaking. This is essential to making a good court record;

16.

NO PERSON MAY RECORD OR PHOTOGRAPH THE PROCEEDINGS WITHOUT EXPRESS AUTHORITY GIVEN BY THE COURT. A VIOLATION OF THIS RULE MAY BE PUNISHABLE AS AN ACT OF CONTEMPT.

The only recording of the hearing will be through the court system.

FOR ASSISTANCE ON APPEARANCES BY VIDEO CONFERENCING, PLEASE CALL (816) 881-3920, Monday through Friday, 8:30 A.M. to 4:30 P.M.

Adopted: 3/17/2023

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI

__ At Kansas City __At Independence

_______________________________________, )
)
Petitioner/Plaintiff, )
v. ) Case No. _______________________
)
_______________________________________, ) Division No. ______
)
Respondent/Defendant. )

APPLICATION TO TESTIFY BY VIDEO

1. My name is _______________________________. I am the Petitioner/Plaintiff Respondent/Defendant (circle or underline one) in the above styled case.

2. Pursuant to Missouri Revised Statute 546.263, I am requesting that I be allowed to provide my testimony by video/virtual platform for my trial scheduled for ___________________(insert date and time) in Division ______(insert division number).

3. This case involves a domestic assault as defined by Missouri Revised Statutes 565.072 through 565.076 and I am a victim of such assault in that : _____________________________________

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Note: If a law enforcement agency was involved or investigated your assault, include the name of the agency and the law enforcement agency number assigned to your case. If charges have been filed in your assault case, include the name of the court and court case number.

I affirm that the information contained in this Application to Testify by Video is true.

___________ _______________________________

Date Signature of Applicant

Adopted: 3/17/2023

IN THE 16^TH CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
at Kansas City at Independence

In Re the Matter of:	Case Number
Petitioner/Plaintiff
Respondent/Defendant

VIDEO TESTIMONY INFORMATION SHEET

	PETITIONER/PLAINTIFF	RESPONDENT/DEFENDANT
Name
Residential Address
Mailing Address
Email Address
Phone Number

Employer Name
Employer Address
Employer Phone No.

List all unemancipated children who are subjects of this proceeding:

Name (last, first, middle)	DOB	Children Reside with: Petitioner Respondent

Date:

Signature of Applicant:

CONFIDENTIAL DOCUMENT COURT ACCESS ONLY

Adopted: 3/17/2023