Wyo. R. Crim. P. 43.1 (2026)

Rule 43.1. Use of Video Conferencing. (a) For purposes of these rules, “video conferencing” means use of commu- nication devices whereby all participants can simultaneously see, hear, and speak with each other. Where video conferencing is allowed under these rules, any person (including a judge) appearing by video conferencing at a proceeding shall be considered present for purposes of the record. (b) Where these rules permit a criminal proceeding to be conducted by video conferencing, the proceeding may be conducted by audio only, where the available technology is such that only audio is available. Such audio proceed- ings may be conducted at the discretion of the presiding judge and consistent with due process. (c) The judge, defendant, and counsel for the parties may appear via video conferencing as provided below: (1) Subject to the conditions contained in subsection (d) of this rule, the following criminal proceedings may, at the discretion of the court, be conducted via video conferencing with the consent of the defendant either in writing or on the record: (A) Preliminary examinations (B) Misdemeanor bench trials (C) Felony sentencings (D) Felony bond and probation revocations (E) Suppression hearings and use of force in self-defense hearings pursuant to W.S. § 6-2-602. (2) The following criminal proceedings shall not be conducted by video conferencing: jury trials, felony bench trials. This limitation does not restrict appearance of witnesses by electronic means if authorized by Rule 26(b). (3) All criminal proceedings not specifically enumerated in subsections (c)(1) or (c)(2) above may, at the discretion of the court, be conducted via video conferencing with or without the consent of the defendant. (d) Conditions regarding counsel. — When the defendant appears by video conferencing, the defendant’s attorney may appear by video conferencing as

119 RULES OF CRIMINAL PROCEDURE Rule 44

well. If the defendant’s attorney is not present at the defendant’s location, the defendant and the defendant’s attorney have the right to consult privately with one another and may request a recess to do so if the opportunity does not exist during the course of the proceeding. The defendant may waive the right to consult privately with counsel during the hearing. (e) Judge appearing by video conferencing. — For any proceeding in which the defendant appears by video conferencing, the judge may appear by remote video conferencing, i.e., from a location other than the courthouse where the case would be tried. For any proceeding where video conferencing is permitted under these rules and the defendant has not, where required, consented to video conferencing, the judge may be present for the proceeding by video conferencing if the defendant consents in writing or on the record to the judge being so present.