ND HB1387

Court may order testimony of minor or disabled adult witnesses to be taken in a separate room and televised to the courtroom if witness would suffer serious emotional distress in defendant's presence and audiovisual equipment is available.

Party requesting remote testimony must file written motion with court no later than 14 days before trial.

Only prosecuting attorney, defense attorney, guardian ad litem, and judge may question the witness.

Prosecuting attorney, guardian ad litem, judge (administering oath), audiovisual operators, court-approved support person, and defense attorney may be present in room with witness during testimony.

Judge and defendant must be allowed to communicate with individuals in witness room through audiovisual equipment or by meeting outside witness presence; provision does not prevent witness and defendant from being in courtroom together for defendant identification purposes.