CRIMINAL RULE 2: CONTINUANCES

A. APPEARANCE OF DEFENDANT

B. APPEARANCE OF COUNSEL

 

A. APPEARANCE OF DEFENDANT

(1)     FELONY CASES
Consistent with Penal Code § 977, in felony cases, the defendant must be present each time his or her matter is called in court, including when matters are submitted, unless a written waiver is on file.  Absent  a  written  waiver  of  appearance,  failure  of  the defendant to appear will result in the issuance of a bench warrant. A written waiver of appearance shall not relieve a defendant from appearing at the Arraignment, Preliminary Examination, at the time of Plea, Master Trial Calendar, motions under Penal Code § 1050, and sentencing.

(2) MISDEMEANOR CASES

In  misdemeanor  cases,  defendants  may  appear  in  person  or  by counsel.    However,  a  defendant  must  be  present  in  court  if specifically ordered as allowed by Penal Code § 977 or otherwise required     by statute. In misdemeanor domestic violence cases as defined in Penal Code § 977(a)(2), the defendant shall be present for     arraignment  and  sentencing,  and  at  any  time  during  the proceedings when ordered by the Court for the purpose of being informed of the conditions of a protective order issued pursuant to
§ 136.2.

B. APPEARANCE OF COUNSEL

(1) Counsel of record must appear at all hearings, unless other counsel appear for them or prior arrangements are made with the court. Counsel of record shall ensure that attorneys appearing “specially” have sufficient knowledge of the case, the schedule of the attorney of record, and/or settlement authority to ensure that all court appearances are meaningful and productive.

(2) Counsel shall advise the court of any conflicting appearance in the court of another county prior to requesting or agreeing to any hearing date. Furthermore, counsel shall not request or agree to any hearing date in another county that conflicts with a hearing date previously set by the court.

(Effective 1/1/2019)

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