Skip to main content

Rule 14.2 Proceedings at arraignment; pleas.

RULE 14. ARRAIGNMENT AND PLEAS

(a) MANDATORY PROCEDURE. At arraignment the court shall:

(1) Determine whether the defendant is represented by counsel, and, if not, appoint counsel to represent the defendant if appropriate under Rule 6.1;

(2) Determine that the defendant or defendant’s attorney has received a copy of the charges against the defendant;

(3) Determine the age of the defendant and whether the defendant is entitled to the benefits of the Youthful Offender Act, and if so, proceed as provided therein, or, if not, ascertain and accept the defendant’s plea unless the arraignment is continued to a later date; and

(4) Advise the parties in attendance of any dates set for further proceedings.

(b) DISCRETIONARY PROCEDURE. In addition, at arraignment the court may hear and decide motions concerning the conditions of release under Rule 7.

(c) PLEAS. A defendant may plead:

(1) Guilty,

(2) Not guilty,

(3) Not guilty by reason of mental disease or defect, or

(4) Not guilty and not guilty by reason of mental disease or defect.

(d) FAILURE TO PLEAD. If a defendant, when arraigned, fails or refuses to plead, or if a guilty plea is not accepted, the court shall enter a plea of not guilty and set the case for trial.

(e) ABSENCE OF DEFENDANT. If a defendant is not present at arraignment and defendant’s presence has not been waived as provided in Rule 9.1(b), arraignment shall be postponed until defendant’s presence can be secured. If defendant’s presence has been waived under Rule 9.1(b), or if the absent defendant is a corporation or association, the court shall enter a plea of not guilty and set the case for trial.