Rule 15.405 Court’s consideration of rule 15.302 motion in criminal proceedings

15.405(1) Waiver required. If a participant has a constitutional or statutory right to an in-person proceeding, the proceeding must occur in person unless the participant has waived any such right.

15.405(2) Additional factors. In ruling on a rule 15.302 motion, the court must also consider the following factors:

a. Whether the defendant has a constitutional or statutory right requiring any other participant to appear in person.

b. Whether the defendant has waived speedy trial.

c. Whether the court has excused the defendant from remote participation.