Rule 10.1 Right of Defendant to be Present; Waiver

(a) Right to Be Present. The defendant has the right to be present at the arraignment and at every stage of the proceedings. A corporate criminal defendant may appear by counsel for all purposes at any proceeding.

(b) Waiver of the Right to Be Present.

(1) Except as provided in subsection (2), a defendant may waive the right to be present at any proceeding in the following manner:

(A) with the consent of the court, by a knowing, intelligent, and explicit waiver in open court or by a written waiver executed by the defendant and by the defendant’s attorney of record, filed in the case; or

(B) by the defendant’s absence from any proceeding, if the court finds that such absence was voluntary and constitutes a knowing and intelligent waiver of the right to be present.

(2) A defendant may not waive the right to be present:

(A) during the imposition of his/her sentence in a felony case; or

(B) if the defendant is not represented by counsel, except in minor misdemeanor cases where the potential punishment is a fine only and carries no potential for the loss of liberty.

(c) Effect. If the defendant waives the right to be present, the trial may proceed to completion, including the return of the verdict.

(d) Unexcused Defendant. If a defendant is not present at the trial, or any stage of the proceedings, and the defendant’s presence has not been waived or the absence has not been excused, the court, by order, may direct law enforcement officers forthwith to bring the defendant before the court.