A superior court may permit arraignments, trials, and related proceedings concerning the traffic infractions specified in (b) to be conducted by two-way remote video communication methods under the conditions stated below.
(Subd (a) amended effective September 1, 2015.)
For the purposes of this rule:
This rule establishes the minimum procedural requirements and options for courts that conduct remote video proceedings for cases in which a defendant is charged with an infraction as defined in (b) and the defendant requests to proceed according to this rule.
(Subd (c) amended effective September 1, 2015.)
A court that conducts remote video proceedings under this rule must comply with the following procedures and use the equired forms in this section. In addition to following the standard provisions for processing traffic infraction cases, the defendant may request to proceed by remote video proceeding as provided below.
The following procedures apply to a remote video proceeding when the court grants a defendant’s request to have an arraignment and trial on the same date:
The following procedures apply to a remote video proceeding when the court grants a defendant’s request to have an arraignment that is set for a date that is separate from the trial date:
The following procedures apply to a remote video proceeding when the court grants a defendant’s request at arraignment to have a trial set for a date that is separate from the date of the arraignment:
The following forms must be made available by the court and used by the defendant to implement the procedures that are required under this rule:
(Subd (e) amended effective September 1, 2015.)
Procedures for deposit of bail to process requests for remote video proceedings must follow rule 4.105.
(Subd (f) amended effective September 1, 2015.)
On receipt of the defendant’s waiver of rights and request to appear for trial as specified in section (e)(1) or (e)(3), the court may permit law enforcement officers and other witnesses to testify at the remote location or in court and be cross-examined by the defendant from the remote location.
Nothing in this rule is intended to limit the authority of the court to issue an order requiring the defendant or any witnesses to be physically present in the courtroom in any proceeding or portion of a proceeding if the court finds that circumstances require the physical presence of the defendant or witness in the courtroom.
If the clerk receives the defendant’s written request for a remote video arraignment and trial on form TR-505 or remote video trial on form TR-510 by the appearance date indicated on the Notice to Appear and the request is granted, the clerk must, within 10 court days after receiving the defendant’s request, extend the appearance date by 25 calendar days and must provide notice to the defendant of the extended due date on the Notice and Waiver of Rights and Request for Remote Video Arraignment and Trial (form TR-505) or Notice and Waiver of Rights and Request for Remote Video Proceeding (form TR-510) with a copy of any required local forms.
If a court grants the defendant’s request for a remote video proceeding after receipt of the defendant’s Notice and Waiver of Rights and Request for Remote Video Arraignment and Trial (form TR-505) or Notice and Waiver of Rights and Request for Remote Video Proceeding (form TR-510) and bail deposit, if required, the clerk must deliver, mail, or e-mail a notice of the remote video proceedings to the arresting or citing law enforcement officer. The notice to the officer must specify the location and date for the remote video proceeding and provide an option for the officer to request at least five calendar days before the appearance date to appear in court instead of at the remote location.
Due dates and time limits must be as stated in this rule, unless extended by the court. The court may extend any date, and the court need not state the reasons for granting or denying an extension on the record or in the minutes.
If the defendant requests a remote video proceeding and the court determines that the defendant is ineligible, the clerk must extend the due date by 25 calendar days and notify the defendant of the determination and the new due date.
If the defendant fails to comply with this rule (including depositing the bail amount, when required, signing and filing all required forms, and complying with all time limits and due dates), the court may deny a request for a remote video proceeding and may proceed as otherwise provided by statute.
(Subd (m) amended effective September 1, 2015.)
This rule does not prevent or preclude the court from imposing on a defendant who is found guilty any lawful fine, assessment, or other penalty, and the court is not limited to imposing money penalties in the bail amount, unless the bail amount is the maximum and the only lawful penalty.
A court establishing a remote video proceedings under this rule may adopt such local rules and additional forms as may be necessary or appropriate to implement the rule and the court’s local procedures not inconsistent with this rule.
(Subd (o) amended effective September 1, 2015.)
Each court that establishes a local rule authorizing remote video proceedings under this rule must notify the Judicial Council, institute procedures as required by the council for collecting and evaluating information about that court’s program, and prepare semiannual reports to the council that include an assessment of the costs and benefits of remote video proceedings at that court.
Cal. R. Ct. 4.220