Rule 43 Presence of the Defendant
Rule Text
(a) Presence ReQuired. The defendant shall be present at arraignment, at the time of the plea, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this rule.
(b) Continued Presence Not ReQuired. The further progress of the trial to and including the return of the verdict shall not be prevented and the defendant shall be considered to have waived his/her right to be present whenever a defendant, initially present,
(1) voluntarily absents himself/herself after the trial has commenced (whether or not he/she has been informed by the court of his/her obligation to remain during the trial), or
(2) after being warned by the court that disruptive conduct will cause him/her to be removed from the courtroom, persists in conduct which is such as to justify his/her being excluded from the courtroom.
(c) Presence Not ReQuired. A defendant need not be present in the following situations:
(1) A corporation may appear by counsel for all purposes.
(2) In prosecutions for offenses punishable by fine or imprisonment for not more than one year or both, the court, with the written consent of the defendant, may permit arraignment, plea, oial, and the imposition of sentence in the defendant's absence.
(3) At a conference or argument upon a question of law.
(4) At a reduction of sentence under Rule 35.