Rule 4.081 - APPEARANCE AT CRIMINAL PROCEEDINGS BY MEANS OF SIMULTANEOUS ELECTRONIC TRANSMISSION(1) Unless prohibited by statute, court appearances for individuals who are in-custody shall be by means of simultaneous electronic transmission unless a motion, declaration, and order to transport are submitted to the court at least five judicial days prior to the scheduled hearing. A proposed order is available on the court's website listed in SLR 1.171. (a) The state shall submit for filing the motion, declaration and order to transport a defendant for settlement conference, trial and sentencing after trial unless the defendant consents to appearance by electronic means. The state may submit an unopposed order without motion and declaration.(b) The defendant's attorney shall submit for filing the motion, declaration, and order to transport a defendant for all hearings other than trial and sentencing after trial, including changes of plea, motion hearings, and restitution hearings after sentencing, or sentencing upon remand. The defense may submit an unopposed order without motion and declaration.(c) For witnesses to a proceeding, the proponent shall file a motion, a supporting declaration of relevancy and materiality, and a proposed order to transport. (i) For Umatilla County Jail inmates, the pleadings must be filed at least ten (10) calendar days prior to the hearing or trial.(ii) For other Oregon jails or the Oregon Department of Corrections, the pleadings must be filed at least thirty (30) days prior to hearing or trial.(iii) The Order shall be directed to the Sheriff for offenses outside an Oregon Department of Corrections institution and directed to the Oregon Department of Corrections for offenses arising within an institution.(iv) A party objecting to relevancy or materiality, or a party seeking to establish relevancy or materiality, may file for an OEC 104 hearing. The OEC 104 hearing will be conducted by simultaneous electronic transmission when possible.(d) If a hearing or trial is continued, or if a witness is no longer needed, the party that originally requested the transport shall immediately submit for filing a proposed order to vacate the transport and the transport authority and take steps to notify the responsible transport authority. A form of Order to Vacate the Transport shall be available on the court's website, identified in SLR 1.171, or from the court clerk.(2) Unless otherwise ordered, probation officers and witnesses in probation cases may appear by telephone or simultaneous electronic transmission.(3) Criminal proceedings presume in-person appearance unless:(a) The Presiding Judge has issued an order allowing remote appearance without motion and order for specific hearing types; or(b) The courtroom judge has issued an order allowing remote appearance without motion and order for specific hearing types or specific cases;(c) A judge has allowed remote appearance on the record for a specific party on a specific date;(d) A motion, declaration, and proposed order requesting remote appearance is filed at least five (5) judicial days in advance of the scheduled hearing, and the order is approved; or(e) A judge allows remote appearance on the record due to unforeseeable circumstances.Amended effective 2/1/2024.