Rule 43 Defendant's Presence

(a) DEFINITIONS. As used in this rule:

(1) “Misdemeanor” means an offense punishable by fine only, imprisonment for not more than one year, or both.

(2) “Felony” means an offense punishable by imprisonment for more than one year.

(b) PHYSICAL PRESENCE REQUIRED. Unless this rule, Rule 5, or Rule 10 provides otherwise, the defendant must be physically present at:

(1) the initial appearance, arraignment, and plea;

(2) every trial stage, including jury impanelment and the return of the verdict; and

(3) sentencing.

(c) PRESENCE BY VIDEO TELECONFERENCING OR TELEPHONE CONFERENCING PERMITTED. A defendant need not be physically present under the following circumstances:

(1) Misdemeanor; any Proceeding by Video Teleconferencing or Telephone Conferencing. The court may permit a defendant charged with a misdemeanor to appear by video teleconferencing or telephone conferencing for any proceeding, including arraignment, plea, trial, sentencing, or other hearing, if:

(A) the defendant consents after consultation with counsel;

(B) the government consents; and

(C) the court makes an inquiry on the record to ensure that:

(i) the defendant’s consent is knowing, voluntary, and intelligent; and

(ii) the defendant has an adequate opportunity to consult confidentially with counsel immediately before, during, and at the conclusion of the proceeding.

(2) Felony; Plea, Sentencing, or Other Nontrial Hearing by Video Teleconferencing. The court may permit a defendant charged with a felony to appear for a plea, sentencing, or other nontrial hearing by video teleconferencing if:

(A) the defendant consents after consultation with counsel;

(B) the government consents; and

(C) the court makes an inquiry on the record to ensure that:

(i) the defendant’s consent is knowing, voluntary, and intelligent; and

(ii) the defendant has an adequate opportunity to consult confidentially with counsel immediately before, during, and at the conclusion of the proceeding.

(d) [Deleted].

(e) PRESENCE NOT REQUIRED. A defendant need not be present, physically or otherwise, under any of the following circumstances:

(1) Organizational Defendant. The defendant is an organization represented by counsel who is present.

(2) Defendant’s Waiver; Misdemeanor Proceeding other than Plea, Trial, or Sentencing. The court may permit a misdemeanor proceeding other than a plea, trial, or sentencing to occur in the defendant’s absence if:

(A) the defendant, after consultation with counsel, waives the constitutional right to be present; and

(B) the government consents.

(3) Conference or Hearing on a Legal Question. The proceeding involves only a conference or hearing on a question of law.

(4) Sentence Correction. The proceeding involves the correction or reduction of sentence under Rule 35.

(f) WAIVING CONTINUED PRESENCE.

(1) In General. A defendant who was initially present at trial waives the right to be present under the following circumstances:

(A) when the defendant is voluntarily absent after the trial has begun, regardless of whether the court informed the defendant of an obligation to remain during trial;

(B) when the defendant is voluntarily absent during sentencing; or

(C) when the court warns the defendant that it will remove the defendant from the courtroom for disruptive behavior, but the defendant persists in conduct that justifies removal from the courtroom.

(2) Waiver's Effect. If the defendant waives the right to be present, the trial may proceed to completion, including the verdict's return and sentencing, during the defendant's absence.