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CRIMINAL RULE 2: CONTINUANCES
(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.
(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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