As amended through June 11, 2024
Rule 16.005 - TRIAL BY AFFIDAVIT OR DECLARATION UNDER PENALTY OF PERJURY -VIOLATIONS(1) Testimony in violation cases may be allowed by affidavit, or by declaration under penalty of perjury, after defendant has filed a waiver signed by defendant to the following effect: "I agree that the Court may consider testimony of any witness by affidavit or by declaration under penalty of perjury."
(2) Defendant may also waive the right to an oral hearing by adding to the waiver, signed by defendant, a provision to the following effect: "I give up my right to an oral hearing or to be present at any oral hearing and the Court may decide this case on the basis of any written or oral testimony received by the Court in my absence."
Amended effective 2/1/2024.