Most hearings in a Georgia divorce can be held by video, but the trial itself cannot be unless everyone agrees.
The Rule
Rule 9 of the Uniform Superior Court Rules governs what it calls “virtual events” – any meeting, conference, or court proceeding conducted by telephone or video, including hybrid events with a mix of live and remote participants. The rule took its current form effective March 1, 2023, so this is a permanent part of Georgia practice and not a temporary measure.
What Can Be Held Remotely
Rule 9.1(B) allows any event in a civil case to be virtual “if it is done with the consent of the parties and by agreement of the court.” Absent that consent, Rule 9.1(D) provides that “[a]ll matters in civil cases may be conducted pursuant to USCR 9.2, except trials.” Its examples include motion hearings, pre-trial conferences, show cause (rule nisi) dockets, and ex parte applications for temporary protective orders under the Family Violence Act. Pre-trial motions, motions for directed verdict, and post-trial motions may be held remotely even though the trial cannot.
Testifying by Video
Rule 9.2(D) lets a witness testify by video, but “[i]n civil matters, the discretion to allow testimony virtually via video shall rest with the trial judge.” In Devlin v. Devlin, 339 Ga. App. 520 (2016), a Pennsylvania grandmother was allowed to appear by telephone for a jurisdictional hearing but refused for a mediation and the final visitation hearing. The Court of Appeals found no abuse of discretion, noting that appearing in person lets the judge observe a witness’s demeanor.
If You Object
Under Rule 9.2(F), if a party objects to a remote proceeding “the court shall sustain or overrule such objection prior to conducting the proceeding.” Raise it in writing, well before the date.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!