9th Judicial Circuit Court

Interactive Video Technology (IVT)

The Kalamazoo County 9th Circuit Court has the technological capability to take live testimony from witnesses, or to allow private conferences between attorneys and their clients, when the witnesses and clients are not physically present in the courtroom or conference room. This technology can make it easier for attorneys to represent clients who are incarcerated with the Michigan Department of Corrections or are from other remote locations. Video conferencing can also be used for witness communications.

• Interactive video sites must have the necessary equipment to link participants between any remote site and the courtrooms/conference room of the 9th Circuit Court as if they were physically present.
• Participants and the public must be able to communicate and have the means to use FAX or e-mail equipment to send and receive documents.
• The court will provide accommodations that permit private attorney-client communication if the attorney for the client is located elsewhere. The process would follow the flow chart below for "IVT Not Related To Scheduled Court Event."
• Costs incurred at the remote site are the responsibility of the initiating party, whether or not an order for waiver of fees has been entered in the case.
• Effective January 3, 2011, user fees will be assessed for videoconferences in civil cases and for non-case related videoconferences.
  • Videoconference for proceeding in a 9th Circuit court case - $75.00 per courtroom per day
    Examples:
    • Court A - attorney has 3 cases, same day, same time period = $75.00
    • Court B & Court A - same attorney, same day, two courtrooms = $150
  • Videoconference room rental for proceedings not connected to a 9th Circuit Court case = $150/day.
  • User costs cannot be waived, whether or not an order for waiver of fees has been entered in the case.
  • No refunds are permitted. It is assumed that the connection requirements will be met and therefore no refunds will be issued.
  • User costs will not be transferred to another date if the IVT connection cannot be established.

IVT Related to Scheduled Court Event

Court or Party Initiated (civil, domestic)

Written request using form 9CC-1309 must be filed with court clerk at least 14 days before scheduled court event unless waived by the court or attorney/parties. Notice of request must be provided to all parties. User fee for civil cases must accompany the request.

If party is incarcerated, the incarcerated party section of the request form must be completed so that a Writ of Habeas Corpus can be prepared and filed.
Civil cases: judicial aide will prepare writ.
Domestic: family division court services staff will prepare writ.

Court clerk will forward copy of communication equipment request to court technology unit.

Court or Party Initiated (criminal, juvenile, child protective, ppo, guardianship)

Stipulation and order using form 9CC-1311 must be submitted to assigned hearing official at least 7 days before scheduled court event, unless time frame waived by court or attorneys/parties.

If party is incarcerated, a Writ of Habeas Corpus must be prepared and filed with court clerk.

Criminal cases: pre-sentence - OPA will prepare writ; post-sentence - defense attorney will prepare writ
Financial hearings: court finance staff will prepare writ
Juvenile, child protective, ppo, guardianship cases: family division court services staff will prepare writ

Court clerk/court services staff will distribute copies of the stipulation and order following hearing official signature.

Objection Process

Written objection to use of communication equipment will be provided to assigned judge/referee at least 7 days before scheduled court event or when notice has been received.

IVT Not Related to Scheduled Court Event

Written request using form 9CC-1310 and user fee must be submitted to the court clerk at least 7 days prior to the conference date.*

The court clerk will provide a copy of request to the court technology unit.

*At the time this policy was written, prisons are not prepared to hold videoconferences at times other than a scheduled court event date.

• Interactive video sites must have the necessary equipment to link participants between any remote site and the courtrooms/conference room of the 9th Circuit Court as if they were physically present.
• Participants and the public must be able to communicate and have the means to use FAX, e-mail or other electronic methods to send and receive documents.
• The court will provide accommodations that permit private attorney-client communication if the attorney for the client is located elsewhere. The process would follow the flow chart for "IVT Not Related To Scheduled Court Event."
• Costs incurred at the remote site are the responsibility of the initiating party, whether or not an order for waiver of fees has been entered in the case.
• A user fee is required for civil cases (effective 1-03-2011) in the amount of $75 per courtroom per day. Fees for other case-types will be evaluated in the future.
• A user fee of $150/day is required for IVT not related to scheduled court event (effective 1-03-2011).

CONTACT NUMBERS