(a) In General. Unless the defendant has waived presence under Rule 43, arraignment must be conducted in open court and consists of: (1) ensuring the defendant has a copy of the indictment, information, or complaint; (2) reading the indictment, information, or complaint to the defendant or stating to the defendant the substance of the charge; and then (3) asking the defendant to plead to the indictment, information or complaint. If the defendant appears at the arraignment without counsel, the defendant must be informed of the right to counsel as provided in Rule 44 . (b) Reliable Electronic Means. Contemporaneous audio or audiovisual transmission by reliable electronic means may be used to arraign a defendant as permitted by N.D. Sup. Ct. Admin. R 52 .
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