May 05, 2020, 14:10Stephen Harpold
Contested hearing via ZOOM
Can a judge set a contested hearing via ZOOM without all parties agreement? Example, sentencing hearing where the defendant himself is opposed. Thanks.
May 05, 2020, 18:00Jon English
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).
May 13, 2020, 07:57Robert S. DuBoise
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..."
May 13, 2020, 11:16Stephen Harpold
I agree. Thanks so much for you're input.