The notice identifies how participants will appear
Texas Rule of Civil Procedure 21d starts with physical appearance in the courtroom unless the notice states otherwise. With appropriate notice, a court may allow or require electronic participation, subject to the rule’s restrictions. For example, requiring a party or lawyer to appear electronically when oral testimony is heard requires good cause or the parties’ agreement. Requiring a lawyer, party or juror to appear electronically for a jury trial requires the parties’ agreement.
An objection calls for a ruling before proceeding
Under subsection (d), a party may object to a method of appearance for good cause within a reasonable time after receiving notice. The court need not hold a hearing on that objection, but it must rule and timely communicate the ruling in a written order or on the record before proceeding by the challenged method.
Good cause and public access have express safeguards
Subsection (e) lists considerations such as technology, travel, evidence and accessibility. Subsection (f) requires notice and an opportunity for public observation of fully electronic proceedings, subject to its stated closure requirements. The two illustrations cover these provisions and the separate limits on a judge’s location.
The illustrated guide
Subsections (a)–(d): definitions, participant restrictions, judge location and objections.
Subsections (e)–(f): nine factors and public access to fully electronic proceedings.