Penn. 37 C.P.L. 119

As amended through January 1, 2018

Rule 119 - Use of Two-Way Simultaneous Audio-Visual Communication In Criminal Proceedings

(a) A defendant may consent to a proceeding being conducted using two-way simultaneous audio-visual communication by signing or authorizing his/her counsel of record to sign a Waiver of Courtroom Appearance in a form substantially consistent with Form L119 of these rules prior to or at the time of a two-way simultaneous audio-visual communication.

(b) Whenever a defendant consents to a proceeding being conducted using two-way simultaneous audio-visual communication, the Court or Issuing Authority shall conduct a colloquy regarding the defendant's consent when the defendant's constitutional right to be physically present is implicated.

Form L119

IN THE COURT of COMMON PLEAS of THE 37t h JUDICIAL DISTRICT of PENNSYLVANIA ____________ COUNTY BRANCH CRIMINAL

COMMONWEALTH of PENNSYLVANIA vs. CR ____ of ______ ______________________________________ Defendant

Waiver of Courtroom Appearance

I am aware that I have a right to appear in a courtroom for a hearing on the ___day of _______, 20___ that is scheduled for the following purpose(s): _____________________________.

I am willing to waive my appearance in the courtroom for said hearing and consent to said hearing being conducted by two-way simultaneous audio-visual communication.

If I have counsel, I understand that my counsel will be available via live video camera and that I will have the opportunity to talk to my counsel privately with no one else hearing the conversation.

I understand that I will be sitting in front of a video camera and that the participants who are assembled in the courtroom can see and hear me and I can see and hear them.

The Judge will be able to see me and speak to me, and I will be able to see and speak to the Judge.

I understand that the courtroom is open to the public and that members of the public who are interested in my hearing will be able to see and hear the proceedings in the courtroom.

I understand that by signing this waiver I will not be transferred to the courtroom for this hearing and that the hearing will be done by two-way simultaneous audio-visual communication. Date: __________, 20___ ________________________________ Defendant or Counsel of Record

Penn. 37 C.P.L. 119