TOPEKA—The Kansas Supreme Court today adopted a new rule that describes a district court’s discretion to hold a remote proceeding or allow a remote appearance, as well as the process to request either and the factors a judge may consider when deciding whether to grant such a request.
The court adopted Supreme Court Rule 103: Remote Proceedings and Appearances through Administrative Order 2025-RL-131 filed today. The rule takes effect immediately.
When developing the new rule, Acting Chief Justice Eric Rosen said the Supreme Court considered a range of scenarios a court might encounter and balanced them with feedback about the new rule it received this summer through a public comment process. Comments came from attorneys, judges, and others interested in the administration of justice.
“There are times when a remote hearing or a remote appearance will contribute to efficient case processing, just as there will be times when an in-person proceeding is absolutely essential to be fair and effective,” Rosen said. “Every case has its own set of facts and circumstances, so it was paramount the rule created a clear framework for someone to make a request while retaining a judge’s discretion whether to grant or deny the request.”
Rule 103 outlines requirements for a party to request a remote proceeding or appearance and what the district court may consider when determining whether a remote proceeding or appearance is appropriate.
A remote proceeding or appearance could be beneficial when the hearing is brief, is for a limited purpose, and conducting it remotely would increase access to justice or help offset issues related to an attorney shortage in Kansas.
Among the reasons a remote proceeding or appearance might not be appropriate are that it would undermine the integrity, fairness, or effectiveness of the proceeding, it would be inconsistent with any person’s rights under the U.S. or Kansas Constitution, or it would not allow public access.