(a) DISRUPTIVE CONDUCT. If a defendant engages in disruptive or disorderly conduct so that the trial or other proceeding cannot be carried on in an orderly manner, the court, after having warned the defendant of the consequences of such conduct, may, if such conduct continues, order the defendant to be bound and gagged, or otherwise restrained or removed from the trial or proceeding. If the defendant continues such disruptive or disorderly conduct after warning, he shall be deemed to have forfeited the right to be present at that trial or proceeding. (b) REACQUISITION OF THE RIGHT TO BE PRESENT. The court shall grant any defendant so removed or restrained reasonable opportunities to return to the trial or proceeding upon the defendant’s personal assurance of good behavior. Any subsequent disruptive or disorderly conduct on the part of the defendant may result in the defendant’s restraint or removal without additional warning. (c) CONTINUING DUTY OF COURT. The court shall employ reasonable means to enable a defendant removed from a trial or proceeding under this rule to hear, observe, or be informed of, the further course of the trial or proceeding and to consult with counsel at reasonable intervals. Committee Comments as Amended Effective December 1, 1997
Chat with this court rule using AI
Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.