Defendant’s right to be present

(a) RIGHT TO BE PRESENT. The defendant has the right to be present at the arraignment and at every stage of the trial, including the selection of the jury, the giving of additional instructions pursuant to Rule 21, the return of the verdict, and sentencing. (b) WAIVER OF THE RIGHT TO BE PRESENT. (1) Except as provided in subsection (2), a defendant may waive the right to be present at any proceeding in the following manner: (i) With the consent of the court, by an understanding and voluntary waiver in open court or by a written consent executed by the defendant and by the defendant’s attorney of record, filed in the case. (ii) By the defendant’s absence from any proceeding, upon the court’s finding that such absence was voluntary and constitutes an understanding and voluntary waiver of the right to be present, and that the defendant had notice of the time and place of the proceeding and was informed of the right to be present. (2) A defendant may not waive the right to be present if: (i) The defendant is not represented by counsel at the proceeding at which the defendant is not present, except in minor misdemeanor cases or proceedings conducted after the defendant has been adjudicated guilty; or (ii) The defendant has been convicted of an offense that may be punishable by death and sentence is being imposed. (C) OBTAINING PRESENCE OF UNEXCUSED DEFENDANT. If a defendant is not present at the trial, or at any stage thereof, or at any other proceeding, and the defendant’s right to be present has not been waived or the absence has not been excused, the court, by order, may direct law enforcement officers to bring the defendant forthwith before the court for the trial or proceeding. (d) APPEARANCE OF A CORPORATION. A corporation may appear by counsel for all purposes at any proceeding. [Amended eff.12-1-97.] Committee Comments as Amended Effective December 1, 1997