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Section/Rule:
31.03
Subject:
Rule 31 - Rules of Criminal Procedure - Misdemeanors or Felonies - Presence of Defendant and Right to Counsel
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors or Felonies - Presence of Defendant - When Required
Revised / Effective Date:
July 1, 2022
31.03 MISDEMEANORS OR FELONIES - PRESENCE OF DEFENDANT - WHEN REQUIRED
(
a
) No trial shall be conducted unless the defendant is present, except, in a misdemeanor case, the court, the prosecuting attorney, and the defendant may agree that the defendant need not be present.
(
b
) A verdict may be received by the court in the absence of the defendant when such absence is voluntary.
(
c
) If there is a record entry showing that the defendant was present at the commencement or at any stage of the trial, it shall be presumed, in the absence of any record entry to the contrary, that he was present during the entire trial.
(
d
) No plea of guilty shall be entered unless the defendant is present, either in person or by interactive video technology upon the defendant’s waiver of his or her right to be physically present and with the courtꞌs approval; however, in a misdemeanor case, the court, the prosecuting attorney, and the defendant may agree that the defendant need not be present.
(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Oct. 26, 2021, eff. Jul. 1, 2022.)
Committee Note - 1980
Paragraph (a) is substantially the same as prior Rule
29.02
.
Paragraph (b) is substantially the same as prior Rule
29.03
.
Paragraph (c) is substantially the same as prior Rule
29.04
.
