Can a judge set a contested hearing via ZOOM without all parties agreement? Example, sentencing hearing where the defendant himself is opposed. Thanks.
Under the first emergency order from the SCOTX and CCA, judges can order Zoom hearings without the consent of any participant in any “hearing, deposition, or other proceeding of any kind.” But that’s only because of the emergency orders, which expire June 1.(extended by emergency order number 12).
I would be a little bit careful of a final trial/punishment hearing being conducted by Zoom. Remember that the first part of the Supreme Court / CCA 1st Emergency Order reads:
"3. Subject only to constitutional limitations, all courts in Texas may in any case, civil or criminal—and must to avoid risk to court staff, parties, attorneys, jurors, and the public—without a participant’s consent..."
I agree. Thanks so much for you're input.
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