Rule 10

R-09-0002

Contact:
Patrick Scott

Justice Courts
Municipal Courts

Judges
Clerks of the Court
Court Administrators

Rule 10.1 has been added. The rule is designed to enhance services for citizens, reduce downtime for law enforcement officers, and increase court efficiency. This new rule permits the appearance of a party, an attorney, or a witness in a civil traffic case by an interactive audiovisual means.

Impact:

The requirements for an interactive audiovisual appearance include:

• All parties, attorneys, and witnesses must be able to be seen and heard at the same time.

• The audio portion must be captured accurately on the record.

• A facsimile, email, or other suitable means must be available to allow the court to transmit copies of exhibits during the hearing, and, if necessary, a “Notice of Right to Appeal” to the defendant.

• The court may require any person requesting to appear under this rule to be responsible for the cost. This cost cannot be awarded as a recoverable cost of a prevailing party.

• The court shall provide instructions to the participants as to how the remote appearance will be initiated.

• A party allowing a subpoenaed witness to appear by remote means must pay the cost of that witness’ appearance, and no witness fee is required or allowed for such an appearance.

Note that a new document may be filed: A party, attorney, or witness may appear under this rule by filing a “Notice of Rule 10.1 Appearance” at least 14 calendar days prior to a hearing, unless a different time limit is allowed by the court,. The Notice must set forth the requestor’s name, mailing address, and daytime phone number.

The court may condition the appearance of a defendant under this rule on the posting of a deposit in an amount not to exceed the total possible sanction amount of all violations at issue based on the court’s sanction schedule.

The court may set forth instructions as to pre-hearing deadlines for filing exhibits and limitation on exhibit sizes and numbers. The hearing itself shall proceed as otherwise set forth in the rules governing civil traffic and civil boating cases.

Rule 10.1 also permits the appearance of a defendant by telephone, provided:

• The defendant must make a written request at least 14 calendar days before the hearing date to appear telephonically. The request must include defendant’s telephone number, mailing address, and a copy of a valid driver’s license or identification card acceptable to the court.

• Unless otherwise permitted by the court, a defendant appearing telephonically shall be deemed to waive any defense based on a failure by the state to establish an in-court identification of defendant as the cited violator. Identity shall be sufficiently established if at the hearing the state offers proof of the name of the driver as listed on a driver’s license, state or government identification card, or other acceptable means of identification matching the violator to defendant.

• The court may condition a telephonic appearance upon the posting of a deposit in an amount not to exceed the total possible sanction amount of all violations at issue based on the court’s sanction schedule.

See further Rule 1.6 of the Rules of Criminal Procedure, supra.

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Rules 1, 2, 22, and 38-46

R-08-0021

Contact:
Patrick Scott

Justice Courts
Municipal Courts

Judges
Clerks of the Court
Court Administrators

These rules, adopted with an emergency effective date of September 26, 2008, implement procedures for processing state photo enforcement cases.

Impact:

In addition to adopting these rules on a permanent basis, Rule 42 of these rules has been amended (a notice of violation is void if its delivery is not initiated within ten days of the date of violation.)

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