Rule 4 - Personal appearances; appearance by telephonic transmission equipment1. In all criminal proceedings or hearings, except trial, where a personal appearance is required, a party or a witness may request to appear by telephonic transmission equipment. Parties may stipulate to appearance by telephonic transmission equipment, but the stipulation must be approved by the court.2. The personal appearance of a party or a party's witness is required at trial unless:(a) The parties stipulate to allow the party or the party's witness to appear by telephonic transmission equipment, the defendant expressly consents to the use of telephonic transmission equipment, and the court approves the stipulation; or(b) The court makes an individualized determination, based on clear and convincing evidence, that the use of telephonic transmission equipment for a particular witness is necessary and that all of the other elements of the right of confrontation are preserved.3. Court discretion to modify rule. (a) Applicable cases. In exercising its discretion under this provision, the court should consider the general policy favoring telephonic transmission equipment appearances in criminal cases.(b) Court may require personal appearances. Upon a showing of good cause either by motion of a party or upon its own motion, the court may require a party or witness to appear in person at a proceeding listed in Rule 4(1) if the court determines on a hearing-by-hearing basis that a personal appearance would materially assist in the resolution of the particular proceeding or that the quality of the telephonic transmission equipment is inadequate. (c) Subsequent personal appearance. If at any time during a proceeding conducted by telephonic transmission equipment the court determines that a personal appearance is necessary, the court may continue the matter and require a personal appearance by the party or witness.4. Notice by party; opportunity to object. (a) A party (or a witness for a party) wishing to appear at a criminal proceeding by telephonic transmission equipment under this rule shall, not later than 14 days before that proceeding, file a request that the court allow the party (or a witness for a party) to appear (or testify) at the proceeding through the use of telephonic transmission equipment. A party who requests that the court allow a party (or a witness for a party) to appear (or testify) through the use of telephonic transmission equipment shall provide written notice of the request to all other parties at or before the time of filing the request by personal delivery, fax trans miss ion, express mail, electronic service through the court's online docketing system, if available, or by other means reasonably calculated to ensure delivery to the parties no later than the close of the next business day. Copies of any exhibits that the party participating by telephonic transmission equipment intends to present at the proceeding shall be delivered to the court and all other parties at least by noon on the court day prior to the proceeding.(b) Not later than 7 days after receiving notice of a request that the court allow a party (or a witness for a party) to appear (or testify) at the identified proceeding through the use of telephonic transmission equipment, any opposing party may file an objection to the request. If an opposing party fails to file a timely objection to the request, that party shall be deemed to have consented to the granting of the request. If an opposing party timely files an objection to the request, the court shall hold a hearing and shall make specific findings on the facts and circumstances of the request.(c) If a party who has requested a telephonic transmission equipment appearance for the party or a witness subsequently chooses to appear in person, that party must so notify the court and all other parties at least 2 days before the appearance.5. Notice by court. After a party has requested a telephonic transmission equipment appearance for the party or a witness, if the court requires the personal appearance of the party (or a witness for a party), the court must give reasonable notice to all parties before the proceeding and may continue the proceeding if necessary to accommodate the personal appearance. The court may direct the court clerk or a party to provide the notification.6. Private vendor; charges for service. A court may provide telephonic transmission equipment for court appearances by entering into a contract with a private vendor. The contract may provide that the vendor may charge the party appearing by telephonic transmission equipment a reasonable fee, specified in the contract, for its services. The court or the vendor may impose a cancellation fee to a party that orders services and thereafter cancels them on less than 48 hours' notice. A court, by local rule, may designate a particular audiovisual provider that must be used for audiovisual transmission equipment appearances.7. Audibility and procedure. (a) The court must ensure that the statements of participants are audible to all other participants and the court staff and that the statements made by a participant are identified as being made by that participant. The court may require a party to coordinate with a court-appointed person or persons within a certain time before the proceeding to ensure the equipment is compatible and operational.(b) Upon convening a telephonic transmission proceeding, the court shall: (1) Recite the date, time, case name, case number, names and locations of the parties and counsel, and the type of proceeding;(2) Ascertain that all statements of all parties are audible and visible to all participants;(3) Give instructions on how the proceeding is to be conducted, including notice if necessary, that in order to preserve the record, speakers must identify themselves each time they speak; and(4) Place the witness under oath and ensure that the witness is subject to cross-examination.8. Reporting. All proceedings involving telephonic transmission equipment appearances must be reported to the same extent and in the same manner as if the participants had appeared in person.9. Information on telephonic transmission equipment. The court must publish a notice providing parties with the particular information necessary for them to appear or have a nonparty witness testify by telephonic transmission equipment at proceedings in that court under this rule.10. Public access. The right of public access to court proceedings must be preserved in accordance with law.Added effective 1/1/2013.