CRLJ 43 - Taking Of Testimony

Comments for CRLJ 43 must be received no later than April 30, 2024.


GENERAL RULE 9

RULE AMENDMENT COVER SHEET SUGGESTED AMENDMENT TO CRLJ 43

 

1.     Proponent Organization: BJA Remote Proceedings Work Group

 

2.     Spokesperson & Contact Info:

 

Judge Angelle Gerl, Co-Chair BJA Remote Proceedings Work Group – CLJ level Email: AGerl@cawh.org

Phone: (509) 244-2773

 

3.     Purpose of Suggested Rule Amendment

The proposed amendments to this rule eliminate the need for a good cause finding to permit remote testimony, and amends language to remove “the stand” from the rule and replace it with “providing testimony.” The proposed amendment also removes the requirement that a person physically stand while the oath is administered. Lastly, in several places the proposal is to change the word “attendance” to “appearance.”

These changes support remote appearances where many people do not stand, nor do they approach “the stand,” and do not attend court in person, necessarily. The proposed amendments work in conjunction with other proposed changes in ARLJ 3 and ARLJ 15 proposed by the Remote Proceedings Work Group.

4.     Is Expedited Consideration Requested?

 

Yes. Expedited consideration is essential. The Supreme Court Emergency Order will be lifted soon and some form of amended or new rules addressing remote proceedings should be passed before the Order is lifted.

 

5.     Is a Public Hearing Recommended? No.

 

 

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