Rule 4.040.Remote Appearance in Lieu of Transportation
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 4.040
Plain-English Summary
Defendants sometimes sit in custody in one county while resolving charges in several. Moving a person around the state for a series of short plea hearings costs time and money and puts the defendant on the road instead of in court. This rule addresses that situation directly.
When the parties agree, and negotiations have produced a plan for an in-custody defendant to resolve cases in more than one jurisdiction, any appearance required in a court other than the court of jurisdiction in the county where the defendant is in custody must be by remote means. Good cause shown can override that default, which leaves room for the case where a judge or a party needs the defendant present in the room.
The conditions carry weight. The parties have to agree, so this is not a tool one side can impose. And the exception covers only the outside courts: the court of jurisdiction in the county holding the defendant is not affected by the rule. Coordinate the settings with each court's staff early, since each courtroom has its own equipment and its own habits for remote appearances.
Frequently Asked Questions
When does this rule let a defendant appear remotely instead of being transported?
When an in-custody defendant, as a result of negotiations, intends to resolve cases in more than one jurisdiction. Appearances required in courts other than the court of jurisdiction in the county where the defendant is in custody are then by remote means.
Do both sides have to agree?
Yes. The rule applies upon agreement of the parties. Without that agreement, the remote appearance default in this rule does not come into play.
Which court is left out of the rule?
The court of jurisdiction in the county where the defendant is in custody. The rule reaches appearances required in other courts.
Can a court still require the defendant to appear in person?
Yes, on a showing of good cause. The rule sets remote appearance as the default in this situation, not as an absolute.
Does the rule apply if the defendant is resolving cases in only one jurisdiction?
No. The rule is written for an in-custody defendant who, as a result of negotiations, intends to resolve cases in more than one jurisdiction. The rule counts jurisdictions, not counties.