TITLE IX. GENERAL PROVISIONS

Rule 43. Defendant's Presence

(b) When Not Required. A defendant need not be present under any of the following circumstances :

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

(2) Misdemeanor Offense. The offense is punishable by fine or by imprisonment for not more than one year, or both, and with the defendant's written consent, the court permits arraignment, plea, trial, and sentencing to occur in the defendant's absence.

TITLE IX. GENERAL PROVISIONS

Rule 43. Defendant's Presence

(c) Waiving Continued Presence.

(1) In General. A defendant who was initially present at arraignment, or whose appearance at the arraignment was waived under Rule 10, waives the right to be present under the following circumstances :

(A) when the defendant is voluntarily absent during trial, regardless of whether the court informed the defendant that failure to appear after arraignment may be deemed a waiver or forfeiture of the right to be present during the trial and that the trial will continue in the defendant's absence ;
(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.

Rule 10. Arraignment

(a) Unless the Court orders that the defendant be held in custody pending disposition of the matter, the court shall inform the defendant that failure to appear after arraignment may be deemed a waiver or forfeiture of the right to be present during the trial and that the trial will continue in the defendant’s absence.

(b) Waiving Appearance. A defendant need not be present for the arraignment if

(1) the defend has only been charged with a misdemeanor offense(s);
(2) the defendant, in a written waiver signed by both the defendant and defense counsel, has waived appearance and has affirmed that the defendant received a copy of the information, complaint, or citation, that the plea is not guilty, and that the defendant understands that the defendant’s failure to appear at trial may be deemed a waiver or forfeiture of the right to be present during the trial and that the trial will continue in the defendant’s absence; and
(3) the court accepts the waiver.

Rule 15. Depositions

(c) Defendant’s Presence.

(1) Defendant in Custody. The officer who has custody of the defendant must produce the defendant at the deposition and keep the defendant in the witness’s presence during the examination, unless the defendant:

(A) waives in writing the right to be present; or
(B) persists in disruptive conduct justifying exclusion after being warned by the court that disruptive conduct will result in the defendant’s exclusion.

Rule 43. Defendant’s Presence

(b) When Not Required. A defendant need not be present under any of the following circumstances:

(1) Organizational Defendant. The defendant is an organization represented by counsel who is present.
(2) Misdemeanor Offense. The offense is punishable by fine or by imprisonment for not more than one year, or both, and with the defendant’s written consent, the court permits arraignment, plea, trial, and sentencing to occur in the defendant’s absence.

(c) Waiving Continued Presence.

(1) In General. A defendant who was initially present at arraignment, or whose appearance at the arraignment was waived under Rule 10, waives the right to be present under the following circumstances:

(A) when the defendant is voluntarily absent during trial, regardless of whether the court informed the defendant that failure to appear after arraignment may be deemed a waiver or forfeiture of the right to be present during the trial and that the trial will continue in the defendant’s absence;
(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.