When the court determines that it is appropriate to take evidence outside the courtroom, the court may be convened at another location for the limited purpose of taking such evidence.
COL120106
NOTE: Section 90.29 replaces and expands former § 1119 to include court trials. Compare Code Civ. Proc. § 393. The section applies to views of the scene where the offense or any other material fact is alleged to have occurred, or a view of any personal property referred to in the evidence which cannot conveniently be brought into the courtroom. It also applies to any situation where it is necessary to take evidence outside the courtroom, such as testimony at a hospital or other location because of the physical disability of an essential witness. Since a view outside the courtroom is a taking of evidence, the section requires that these proceedings be in a full court session. Under this Section, the judge must be present, and the defendant has a right to be present. In convening the court at a location away from the courtroom, the jury, personnel and parties may be conducted in a body to the location, or permitted to meet there at a certain time. Whether or not a view is permitted rests within the sound discretion of the trial judge, and his determination should not be disturbed absent a showing of abuse.