Rule 1.5. Interactive Audiovisual Systems
Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: August 24, 2023
Effective: August 24, 2023
16A A.R.S. Rules Crim.Proc., Rule 1.5
Formerly cited as AZ ST RCRP Rule 1.6
Rule 1.5. Interactive Audiovisual Systems
(a) Generally. If the appearance of a defendant or counsel is required in any court, the appearance may be made by using an interactive audiovisual system that complies with the provisions of this rule. Any interactive audiovisual system must meet or exceed minimum operational guidelines adopted by the Administrative Office of the Courts.
(2) Generally Not Permitted. A court may not require a defendant's appearance by use of an interactive audiovisual system at any trial, contested probation violation hearing, felony sentencing, or felony probation disposition hearing, unless the court finds extraordinary circumstances and the parties consent by written stipulation or on the record.
(3) By Stipulation. For any proceeding not included in (c)(1) and (c)(2), the parties may stipulate that the defendant may appear at the proceeding by use of an interactive audiovisual system. The parties must file a stipulation before the proceeding begins or state the stipulation on the record at the start of the proceeding. Before accepting the stipulation, the court must find that the defendant knowingly, intelligently and voluntarily agrees to appear at the proceeding by use of an interactive audiovisual system.
Credits
Added Aug. 31, 2017, effective Jan. 1, 2018. Amended effective Sept. 9, 2022. Amended on an emergency basis effective Dec. 8, 2022. Amended Dec. 8, 2022, effective July 1, 2023; emergency amendments permanently effective Aug. 24, 2023.
16A A. R. S. Rules Crim. Proc., Rule 1.5, AZ ST RCRP Rule 1.5
State Court Rules are current with amendments received through May 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
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