Legal Remote Prove-Up Document

LEGAL REMOTE PROVE-UP DOCUMENT

This Legal Remote Prove-Up Document is entered into on this date by and between Plaintiff Name: and Defendant Name: in connection with Case Number: pending in Court Name: , County: .

RECITALS

WHEREAS, the Parties seek to present sworn testimony, documentary evidence, and declarations in support of a prove-up hearing remotely by video conference or other electronic means; and

WHEREAS, the Parties agree to establish procedures, identity verification, authentication of exhibits, and a remote record sufficient for the Court to adjudicate the matters identified in the Case Number referenced above; and

WHEREAS, counsel and unrepresented parties have authority to bind their clients on issues of remote procedure, evidence authentication, and consent to recordation as set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. REMOTE PROCEEDING AND CONSENT

1.1 Scope. The Parties consent to the conduct of the prove-up hearing by remote means (video, audio, or telephonic) and agree that such remote appearance satisfies any personal appearance requirement for the purposes of the prove-up only.

1.2 Waiver of Objections. Each Party expressly waives any objection to the admissibility of testimony or documents on the sole ground that they were presented or authenticated remotely, provided that authentication procedures described in Section 3 are followed.

2. IDENTITY VERIFICATION AND OATH

2.1 Identity Verification. Prior to testimony, the offering counsel or pro se witness shall cause the witness to present, on camera, a government-issued photo identification and state full legal name. Counsel shall contemporaneously state in the record the type of identification reviewed and the means of verification. Counsel performing verification: , Bar Number: .

2.2 Oath and Sworn Testimony. The witness shall be sworn or shall affirm on the record by a person authorized to administer oaths. The administering officer shall state their authority for administering the oath on the remote record.

3. EXHIBITS, AUTHENTICATION, AND CHAIN OF CUSTODY

3.1 Exhibit Identification. Each exhibit to be offered at the prove-up shall be marked with an exhibit identifier and provided to all Parties in electronic format at least days prior to the scheduled remote hearing, unless otherwise ordered by the Court.

3.2 Authentication and Foundation. The offering Party shall establish foundation for each exhibit on the remote record through witness testimony or stipulation. Where a document requires chain of custody, the offering Party shall present testimony sufficient to establish continuity and authenticity.

4. RECORDING, TRANSCRIPTION, AND RETENTION

4.1 Consent to Recording. The Parties consent to audio and/or video recording of the remote prove-up. Parties check their consent below:

Consent to audio recording
Consent to video recording

5. PROOF AND PROPOSED FINDINGS

5.1 Prove-Up Materials. Attached to this Document as Proposed Findings and Order (if any) are materials supporting the relief sought. Proposed Findings and Order:

5.2 Proposed Hearing Date. The Parties propose the remote prove-up be conducted on: at approximate time: .

6. NOTICES

7. COVENANTS, AMENDMENT, AND WAIVER

7.1 Covenant to Cooperate. Each Party shall cooperate in good faith to facilitate remote testimony, timely exchange exhibits, and supply any necessary certifications of authenticity.

7.2 Amendment. This Document may be amended only by a writing signed by counsel for each Party or by unrepresented Parties personally.

7.3 Waiver. No failure or delay in enforcing any right under this Document shall operate as a waiver of that right except by a writing signed by the Party waiving enforcement.

8. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

8.1 Governing Law. This Document shall be governed by and construed in accordance with the laws of the jurisdiction in which the Court identified above is located.

8.2 Entire Agreement. This Document constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior understandings relating to remote prove-up procedures.

8.3 Severability. If any provision of this Document is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9. COUNTERPARTS AND EXECUTION

9.1 Counterparts. This Document may be executed in counterparts, each of which shall be deemed an original, and electronic or facsimile signatures shall be acceptable for all purposes to the same extent as an original signature.

CERTIFICATIONS

By signing below, the undersigned certify under penalty of perjury that they have authority to bind their respective parties, that the statements made herein regarding identity verification, exhibit exchange, and consent to remote proceeding and recording are true and correct to the best of their knowledge, and that they agree to comply with the procedures set forth in this Document.

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