Courtroom proceeding; authorize video conferences for certain proceedings.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ford (54th)

HOUSE BILL NO. 39

AN ACT TO AUTHORIZE A JUDGE TO CONDUCT VIDEO CONFERENCE 1
PROCEEDINGS UNDER CERTAIN CONDITIONS; TO LIST THE CONDITIONS; TO 2
REQUIRE NOTICE TO ALL PARTIES WITHIN A CERTAIN TIME PERIOD; TO 3
SPECIFY CERTAIN PROCEEDINGS THAT REQUIRE AGREEMENT BY ALL PARTIES 4
BEFORE A VIDEO PROCEEDING CAN OCCUR; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. (1) Courtroom proceeding may be conducted by 7
video when deemed appropriate by the court and when performed in 8
accordance with the provisions of this section. The proceedings, 9
when conducted in accordance with the provisions of this section, 10
shall be deemed held in open court and in the presence of the 11
parties for the purposes of any statute, rule or policy. 12
(2) (a) All civil proceedings and preliminary appearances, 13
arraignments, bail hearings, and trial settings in any court in 14
which a criminal proceeding occurs may be conducted by video 15
conference in the discretion of the court only if: 16
(i) The court shall provide written notice that a 17
proceeding will occur by video conference to all parties at least 18
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ninety (90) days before any proceeding in which the video 19
conference is to occur. 20
(ii) The video conference shall be performed in a 21
manner in which all participants can simultaneously see, hear, and 22
speak with each other during the entire proceeding. 23
(iii) The proceedings shall be deemed held in open 24
court and in the defendant's presence for the purposes of any 25
statute, court rule or policy. 26
(iv) The proceeding shall be public, and the 27
public shall be able to simultaneously see and hear all 28
participants and speak as otherwise permitted by the trial court 29
judge and/or the Mississippi Rule of Civil Procedure. 30
(v) Any party may request an in person hearing, 31
which may in the trial court judge's discretion be granted. 32
(vi) The judge, counsel, all parties, and the 33
public must be able to see and hear each other during proceedings, 34
and speak as permitted by the judge. 35
(vii) The video and audio should be of sufficient 36
quality to ensure participants are easily seen and understood. 37
(viii) Video conference facilities must provide 38
for confidential communications between attorney and client, 39
including a means during the hearing for the attorney and the 40
client to read and review all documents executed therein, and 41
security sufficient to protect the safety of all participants and 42
observers. 43
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ST: Courtroom proceeding; authorize video
conferences for certain proceedings.
(ix) In interpreted proceedings, the interpreter 44
must be located next to the defendant and the proceeding must be 45
conducted to assure that the interpreter can hear all 46
participants. 47
(b) Any criminal proceeding that is not described in 48
subsection (2) of this section, including the entry of a plea of 49
guilty, may be conducted by video conference only by agreement of 50
all the parties, either in writing or on the record, and upon the 51
approval of the trial court judge. 52
(3) For purposes of videoconference proceedings, the 53
electronic or facsimile signatures of the defendant, counsel, 54
interested parties, and the court shall be treated as if they were 55
original signatures. This includes all orders on judgment and 56
sentence, no contact orders, statements of defendant on pleas of 57
guilty, and other documents or pleadings as the court shall 58
determine are appropriate or necessary. 59
SECTION 2. This act shall take effect and be in force from 60
and after July 1, 2026. 61