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Rule 33.9 Record of Waiver of Right to Testify

Motions for Directed Verdict and Other Trial Procedures

If in a trial the defendant waives the right to testify in his or her own defense, the court shall determine on the record in the presence of the defendant that the defendant has been advised of the right to testify and has waived that right. Such a determination shall not be made by inquiry directed to the defendant and shall not be made in the presence of the jury.

Amendment history: HISTORY Adopted by per curiam order May 29, 2014, effective July 1, 2014.