(1) The appearance of the defendant, as defined in CrRLJ 3.4(b), is required at all hearings set by the court.

(2) Pursuant to CrRLJ 3.4 (e), the court finds good cause to require the defendant’s physical (or remote appearance in the court’s discretion) for the following hearings:

(a) Motions for continuance of trial date and/or waiver of speedy trial rights. The court finds good cause to require the physical (or remote appearance in the court’s discretion) of all defendants for Motions for continuance and waiver of speedy trial rights. A continuance is a critical stage of the proceedings, and the defendant has the right to appear. A defendant has a constitutional right to a speedy trial and has a right to approve a waiver of speedy trial or object to resetting a trial outside of speedy trial.

Defendants represented by counsel may waive their appearance if the defendant’s counsel affirm, in writing or in open court that (1) the defendant has expressly chosen to appear through counsel as allowed by CrRLJ 3.4(b)(3). (2) If required, a filed written speedy trial waiver signed by the defendant and confirmed by counsel that said the waiver was discussed and understood by the defendant.

(b) Firearm surrender compliance reviews. The court finds good cause to require the physical (or remote appearance at the court’s discretion) of all defendants at compliance hearings pursuant to RCW 9.41.801. Verification of timely compliance with the statute has public safety implications.

(c) Competency proceedings. The court finds good cause to require the physical (or remote appearance at the court’s discretion) of all defendants at competency review hearings. A determination of competency and verification that the defendant has attended a competency evaluation as ordered has public safety implications and is necessary to ensure the case proceeds to resolution.

(d) Pretrial release violations. The court finds good cause to require the physical (or remote appearance in the court’s discretion) of all defendants for hearings pursuant to CrRLJ 3.2 (j) to modify release conditions or revoke release on personal recognizance. A defendant has a due process right to be advised of the allegations LOCAL COURT RULES FOR CLARK COUNTY DISTRICT COURT - 17 of non-compliance with release conditions and to have a hearing regarding those allegations. The court cannot conduct a hearing pursuant to CrRLJ 3.2(j) in the absence of the defendant.

(e) Evidentiary hearings conducted pursuant to CrRLJ 3.5 or CrRLJ 3.6. The court finds good cause to require the physical (or remote appearance in the court’s discretion) of all defendants for hearings pursuant to CrRLJ 3.5 and CrRLJ 3.6. A defendant has a due process right to appear and must be informed of their right to testify at the hearing.

(f) Motions in Limine. The court finds good cause to require the physical (or remote appearance in the court’s discretion) of all defendants at hearing on motions in limine. Motions in limine represent a critical stage of the proceedings and the defendant has a right to appear.

[Adopted October 1, 2004; Amended June 28, 2017; Amended September 1, 2021, Amended April 24th, 2023]