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Rule 10.1. Appearance by Audiovisual and Telephonic Means

Arizona Revised Statutes AnnotatedRules of Court Procedure for Civil Traffic, Boating, Marijuana, and Parking and Standing ViolationsEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of Court Procedure for Civil Traffic, Boating, Marijuana, and Parking and Standing Violations (Refs & Annos)
Effective: January 1, 2022
17C A.R.S. Traffic Violation Cases Civ.Proc.Rules, Rule 10.1
Rule 10.1. Appearance by Audiovisual and Telephonic Means
(a) General Standards. A court may allow parties, their attorneys, and witnesses to appear by audiovisual interactive means that follow these general standards:
(1) all parties, attorneys, and witnesses must be able to be seen and heard at the same time and the audio portion must be captured accurately on the record;
(2) 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;
(3) the court may require any person requesting to appear under this rule to be responsible for the cost of same, and such cost cannot be awarded as a recoverable cost by a prevailing party;
(4) the court must provide instructions to the participants as to how the remote appearance will be initiated;
(5) a party allowing a subpoenaed witness to appear by remote means must pay the cost of same, and no witness fee can be required or allowed for such an appearance; and
(6) an appearance under this rule may be referred to as a “Rule 10.1 Appearance.”
(b) Appearance Request; Deposit. Unless a different time limit is allowed by the court, 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 the hearing. The notice must set forth the requestor's name, mailing address, and daytime phone number. As to a defendant who wishes to appear under this rule, the court may condition the appearance upon the posting of a deposit in an amount not to exceed the total possible sanction or penalty amount of all violations at issue based on the court's deposit schedule.
(c) Rule 10.1 Appearance Procedures. Upon receipt of a Notice of Rule 10.1 Appearance, the court must provide instructions as to the date and time of the proceeding and designate how the appearance will be initiated. The court may also set forth instructions as to pre-hearing deadlines to file exhibits and limitations on exhibit sizes and numbers. The hearing itself must proceed as otherwise set forth in these rules. In the event the defendant is found responsible at the conclusion of the hearing, a Notice of Right to Appeal may be sent to the defendant by fax or electronic means, and the 14 calendar day appeal period commences from that transmission date.
(d) Telephonic Appearance by Defendant; Deposit; Waiver of Identity Defense. Notwithstanding the foregoing, a court may, upon written request at least 14 calendar days before the hearing date, permit a defendant to appear telephonically. The request must include the defendant's telephone number, mailing address, and a copy of a valid drivers license or identification card acceptable to the court. The court may condition a telephonic appearance on the posting of a deposit in an amount not to exceed the total possible sanction or penalty amount of all violations at issue based on the court's deposit schedule. Unless otherwise permitted by the court, a defendant appearing telephonically will be deemed to have waived any defense based on failure of the State to establish an in-court identification of the defendant as the cited violator. Identity is sufficiently established if, at the hearing, the State offers proof of the name of the driver as listed on a driver license, state or government identification card, or other acceptable means of identification matching the violator to the defendant.

Credits

Added Sept. 3, 2009, effective Jan. 1, 2010. Amended Aug. 25, 2021, effective Jan. 1, 2022.
17C A. R. S. Traffic Violation Cases Civ. Proc. Rules, Rule 10.1, AZ ST CIV TRAF Rule 10.1
State Court Rules are current with amendments received and effective through 11/1/22. The Code of Judicial Administration is current with amendments received through 11/1/22
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