Rule Emergency Rule 3 - Use of technology for remote appearances(a) Remote appearancesNotwithstanding any other law, in order to protect the health and safety of the public, including court users, both in custody and out of custody defendants, witnesses, court personnel, judicial officers, and others, courts must conduct criminal proceedings and court operations as follows:
(1) Courts may require that criminal proceedings and court operations be conducted remotely.(2) In criminal proceedings, courts must receive the consent of the defendant to conduct the proceeding remotely and otherwise comply with emergency rule 5. Notwithstanding Penal Code sections 865 and 977 or any other law, the court may conduct any criminal proceeding remotely. As used in this rule, "consent of the defendant" means that the consent of the defendant is required only for the waiver of the defendant's appearance as provided in emergency rule 5. For good cause shown, the court may require any witness to personally appear in a particular proceeding.(3) Conducting criminal proceedings remotely includes, but is not limited to, the use of video, audio, and telephonic means for remote appearances; the electronic exchange and authentication of documentary evidence; e-filing and e-service; the use of remote interpreting; and the use of remote reporting and electronic recording to make the official record of an action or proceeding.(b) Sunset of ruleThis rule will sunset on June 30, 2022, unless otherwise amended or repealed by the Judicial Council.
Cal. R. Ct. App I R. R. Emergency Rule 3
Emergency Rule 3 amended effective 3/11/2022; amended effective 1/1/2022; adopted effective 4/6/2020.