Public Access Via Live Stream; Recording

(a) Applicability . This rule applies when a district court live streams an open court proceeding over the internet as a way to provide the general public access to the proceeding or posts a recording of the proceeding on the internet. (b) No Applicability. This rule does not apply to the following circumstances: (1) a court broadcasting a court proceeding only within a court facility; (2) a court electronically recording a proceeding under Rule 360 as part of the official court record; (3) a media member using an electronic device in a court facility as permitted by Rule 1001; (4) a nonmedia person using an electronic device in a court facility as limited by Rule 1002; (5) a remote proceeding under Rule 103 that a court does not make available to the public by live streaming it over the internet or by posting a recording of it on the internet; and (6) a remote appearance in a proceeding under Rule 103 that a court does not make available to the public by live streaming it over the internet or by posting a recording of it on the internet. (c) Permissive Live Streaming or Recording; Preservation. (1) If a court proceeding is open to the public, a court may take any of the following actions: (A) live stream the proceeding over the internet; (B) record the proceeding and post it on the internet; and (C) preserve any recording of the proceeding. (2) If a court provides the public access to an open court proceeding by live streaming it over the internet or by posting a recording of it on the internet, the court must not prohibit a person from recording the live stream or the recording. (3) The official court record will be considered best evidence in any subsequent proceeding. (d) Protecting Integrity of Court Proceeding . A court should live stream or record a court proceeding in a way that protects the integrity of the proceeding and sensitive information. The court may consider any aspect of the live streaming or recording process that could affect the administration of justice, including whether the process would be inconsistent with a party’s rights and whether the live streaming or recording activity would unduly distract the parties. (e) Additional Means of Public Access. The following provisions apply if a live stream over the internet is not the only way for the public to access an open court proceeding: (1) a court has no duty to stop the proceeding if the live stream or recording fails for any reason unless the failure affects the court record; and (2) a party may move a court to prevent public access through a live stream or recording due to sensitive information or for other good cause. (f) Only Means of Public Access. If the internet is the only way for the public to access an open court proceeding, a court must live stream the proceeding over the internet. The following provisions apply: (1) the court must stop the proceeding if the live stream fails for any reason and must not resume the proceeding until the court either restores the live stream or provides another way for the public to access the proceeding; (2) a court must not use a recording of the proceeding posted on the internet as the only means of public access; and (3) if a party requests to limit public access, the court must comply with applicable law regarding closing a proceeding, including K.S.A. 60-2617. (g) Initiating and Terminating Live Stream or Recording . A court must capture an entire court proceeding when live streaming it over the internet or recording it. The court should start the live stream or recording prior to beginning the proceeding and should continue the live stream or recording until after terminating the proceeding. (h) Protecting Privileged Attorney-Client Communications. (1) Attorney’s Responsibility. An attorney has the ultimate responsibility to prevent privileged attorney-client communications from being live streamed over the internet or recorded. The attorney should silence the microphone and be aware of camera angles that could disclose written or oral communications between the attorney and client. (2) Court’s Discretion. A court should consider taking steps to prevent live streaming privileged attorney-client communications over the internet or recording them. The court is not required to erase or otherwise change any recording of a privileged communication, but the court may do so on a party’s motion. [ History: New rule adopted effective September 26, 2023; Am. effective October 14, 2025 .]