Rule 4.050.Oral Argument on Motions in Criminal Cases

Either side can ask for oral argument. The moving party puts the request in the caption of the motion, and a responding party puts it in the caption of the response. Wherever the request appears, the first paragraph of that document must estimate the time argument will take and state whether official court reporting services are requested. The court must allow the argument, with narrow exceptions: a motion that requests a trial postponement, and a motion the court sees resolved by documents received before the time set for hearing.

Counsel for the state or the defense may also ask that a motion not requiring testimony be heard by remote means. That request goes in the caption too, and the first paragraph must then carry the names, email addresses, and telephone numbers of all parties served with the request, the position of opposing counsel, and whether the defendant has waived in writing the right to appear at the hearing.

The rule tells the court when it has no discretion to refuse. A request from defense counsel must be granted if counsel represents that the defendant agrees to a hearing by remote means and provides a signed waiver of in-person appearance. A request from the state must be granted if both parties agree and defense counsel provides a written waiver from the defendant. If the hearing runs as a conference call, the requesting party places the call at its own expense unless the court directs otherwise.

The remote-request machinery switches off in one circumstance. When a Chief Justice Order, or a Presiding Judge Order issued under such an order, has the effect of suspending the requirement that a party affirmatively request a remote hearing, the subsection on remote argument does not apply.