Rule 43 Presence of the Defendant

(a) Presence Required.

(1) The defendant shall be present at the arraignment, at any subsequent time at which a plea is offered, 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.

(2) Arraignments shall be in person and shall be on the record and shall not be performed by video conferencing or other electronic means unless the defendant consents. Notwithstanding this subdivision, video conferencing may be used to effect the appearance of the defendant at status conferences, calendar calls, and other proceedings where the presence of the defendant is not required 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 whenever a defendant, initially present,

(1) in noncapital cases, voluntarily absents himself after the trial has commenced, whether or not he has been informed by the court of his obligation to remain during the trial, or

(2) after being warned by the court that disruptive conduct will cause him to be removed from the courtroom persists in conduct which is so disruptive that the trial cannot proceed in an orderly manner. In such circumstances the defendant may not be gagged or shackled but shall be removed to another room in the court building, where he shall remain while the trial is in progress. A defendant so removed shall be given the opportunity of learning of the trial proceedings through his counsel at reasonable intervals. Such a defendant shall be summoned to the courtroom at appropriate intervals and on each such occasion shall be offered in open court the opportunity to return to the courtroom for the remainder of the trial upon his assurance of good behavior.

(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 misdemeanors, the defendant, with the consent of the court, may waive appearance under Rule 5 in writing and the court, with the written consent of the defendant and the state’s attorney, may permit arraignment, pleas of guilty, nolo contendere or not guilty, trial, and imposition of sentence in the defendant’s absence. Before a plea of not guilty may be filed and accepted by the court, the state’s attorney and the defendant shall agree upon bail and conditions of release, which shall be signed by the defendant and his or her attorney, and filed with the court simultaneously with the plea of not guilty.

(3) The defendant’s presence is not required at a conference or argument upon a question of law and is not required at any other proceeding except as provided in subdivision (a) of this rule or otherwise ordered by the court.

(d)

(1) For purposes of this rule, a defendant shall be deemed to be present in court if:

(A) after having the opportunity to consult with counsel in person, telephonically, or via audio or video conference, the defendant makes an on-the-record waiver of the right to be physically present in court at the time of the proceeding; and

(B) the defendant’s appearance at the proceeding is made by means of contemporaneous video or audio conference transmission.

(2) For purposes of this rule, the terms “audio conference” and “video conference” shall be defined as set forth in V.R.C.P. 43.1, Participation of Testimony by Video or Audio Conference.