Defendant'S Presence

(a) When Required. (1) In General. Unless this rule provides otherwise, the defendant must be present at: (A) the initial appearance, the arraignment, and the plea; (B) every trial stage, including jury impanelment and the return of the verdict; and (C) sentencing. (2) Reliable Electronic Means. Presence permitted by contemporaneous audio or audiovisual transmission by reliable electronic means is presence for the purposes of this rule. (3) Jury Question. (A) In General. If, after beginning deliberations, the members of the jury request information on a point of law or request to have testimony read or played back to them, they must be brought into the courtroom. The court's response must be provided in the presence of counsel and the defendant. (B) Agreed Manner of Response. In the alternative, after consultation with counsel in the presence of the defendant, the court may respond to a jury's question or request for testimony in a manner other than in open court if agreed to by counsel and the defendant. (b) When Not Required. If the court permits, a defendant need not be present under any of the following circumstances: (1) Felony Offense. (a) The offense is punishable by imprisonment for more than one year, and with a represented defendant's written consent, and written acknowledgment that the defendant was advised of the rights listed in Rules 5(b)(1) and (2) and 5(c), the preliminary hearing, the arraignment, and entry of a not guilty plea may occur in the defendant's absence. (B) The offense is classified as a C felony under N.D.C.C. § 12.1-32-01(4), and with a represented defendant's written consent and written acknowledgment that the defendant was advised of the rights listed in Rules 5(b)(1) and (2) and 11(b), entry of a guilty plea or sentencing may occur in the defendant's absence. (2) Misdemeanor Offense or Infraction. The offense is punishable by fine or by imprisonment for not more than one year, or both, and with the defendant's written consent and written acknowledgment that the defendant was advised of the rights listed in Rules 5(b)(1) and (3) and 11(b), the arraignment, plea, trial, or sentencing may occur in the defendant's absence. (3) Conference or Hearing on Legal Question. The proceeding involves only a conference or hearing on a question of law. (4) Sentence Correction. The proceeding involves the correction or reduction of sentence under Rule 35 . (c) Waiving Continued Presence. The further progress of the trial, including the return of the verdict and the imposition of sentence, may not be prevented and the defendant waives the right to be present if the defendant, initially present at trial or having pleaded guilty: (1) is voluntarily absent after the trial has begun (whether or not the defendant has been informed by the court of the obligation to remain during the trial); (2) is voluntarily absent at the imposition of sentence; or (3) after being warned by the court that disruptive conduct will cause the removal of the defendant from the courtroom, persists in conduct that justifies the defendant's exclusion from the courtroom.