In the Matter of D.E.V. and E.R.V.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

IN THE MATTER OF D. E. V. AND NO. 2020 CW 1229
E. R. V.

DECEMBER 08, 2020

In Re: Elizabeth Vodicka, applying for supervisory writs,

18th Judicial District Court, Parish of West Baton
Rouge, No. 43995.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT GRANTED WITH ORDER. The trial court' s order requiring
witnesses to appear at the trial in person in open court is
reversed. Under the circumstances of this case, the trial court
abused its discretion, in the midst of the current COVID- 19
pandemic, in ordering the parties and witnesses to appear in
person in open court for the trial. Courts are authorized to
allow testimony and appearances by parties and witnesses via

visual remote technology. See La. Code Civ. P. art. 1633. 1 and

Rule 3. 5 of the Uniform Rules of Louisiana District Courts.
Moreover, the June 5, 2020 order issued by the Louisiana Supreme
Court provides that all matters should continue to be conducted
with the use of video and telephone conferencing whenever

possible. The trial court is instructed to allow the parties

and witnesses herein the opportunity to appear via visual and

audio remote technology.

COURT OF APPEAL, FIRST CIRCUIT

1
D PUTY CLERK OF CMURT
FOR THE COURT