Can a defendant in a civil case who is seeking personal representation at trial be denied the right to be personally present at trial?

California, United States of America


The following excerpt is from Payne v. Superior Court, 132 Cal.Rptr. 405, 17 Cal.3d 908, 553 P.2d 565 (Cal. 1976):

[553 P.2d 571] In Bagley v. Bagley (1968), 57 Misc.2d 388, 292 N.Y.S.2d 796, a prisoner who was sued for divorce sought to appear personally in court. The court concluded that 'The basic issue is whether or not the defendant, in the particular circumstances of the case, will be able to establish his defense without being personally present upon the trial. If he cannot, the denial of personal presence would be a denial of due process.' (Id. at pp. 798--799.)

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