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RSMo 561.031effective 28 Aug 2009

Physical appearance in court of a prisoner may be made by using two-way audio-visual communication including closed circuit television, when

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In plain English

In certain court proceedings, a person does not have to show up to the courthouse in person. Instead, they can appear through a video call, like a two-way TV or video conference, as long as both sides can see and hear each other. This applies to many types of hearings, but it does not give prisoners the right to demand video appearances, and it does not require any jail or government to set up video equipment.

Word-for-word law

561.031. Physical appearance in court of a prisoner may be made by using two-way audio-visual communication including closed television, when — requirements. — 1. In the following s, the of section 544.250, 544.270, 544.275, 546.030, or of any other , or the provisions of supreme court rules 21.10, 22.07, 24.01, 24.02, 27.01, 29.07, 31.02, 31.03, 36.01, 37.16, 37.47, 37.48, 37.50, 37.57, 37.58, 37.59, and 37.64 to the contrary , when the physical appearance in person in court is required of any person, such personal appearance may be made by means of two-way audio-visual communication, including but not limited to closed circuit television or computerized video conferencing; provided that such audio-visual communication facilities provide two-way audio-visual communication between the court and the person:

(1) First appearance before an on a criminal ;

(2) of and preliminary hearing with of the ;

(3) on an where a of not guilty is entered;

(4) Arraignment on an information or indictment where a is entered upon waiver of any right such person might have to be physically present;

(5) Any or criminal proceeding not allowing the of witnesses;

(6) after at trial upon waiver of any right such person might have to be physically present;

(7) Sentencing after of a plea of guilty;

(8) Any other than trial by jury;

(9) Any civil or criminal proceeding which is not required to be a ; and

(10) Any civil or criminal proceeding by the consent of the parties.

2. This section shall not prohibit other appearances via closed circuit television upon waiver of any right such person held in or might have to be physically present.

3. Nothing contained in this section shall be as establishing a right for any person held in custody to appear on television or as requiring that any or place of custody or confinement provide a two-way audio-visual communication system.

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Source & history notes

(L. 1988 H.B. 1344 § 1, A.L. 1990 H.B. 974 merged with S.B. 558, A.L. 1999 H.B. 257, A.L. 2009 H.B. 62 merged with H.B. 481)

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RSMo 561.031: Physical appearance in court of a prisoner may be made by using two-way audio-visual communication including closed circuit television, when | KnowMo Laws