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Supreme Court Rules

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 RequiredRevised / Effective Date:January 1, 1980


31.03. Misdemeanors or Felonies - Presence of Defendant - When Required

(a) No trial shall be conducted or a plea of guilty entered unless the defendant is present, except that 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.

(Adopted June 13, 1979, eff. Jan. 1, 1980.)

COMMITTEE NOTE - 1980