First Adopted: June 13, 1979
Most Recently Effective: July 01, 2022
Rule 31 | Rules of Criminal Procedure | Misdemeanors or Felonies – Presence of Defendant and Right to Counsel
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 court's approval; however, in a misdemeanor case, the court, the prosecuting attorney, and the defendant may agree that the defendant need not be present.
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.
(Adopted June 13, 1979, effective January 1, 1980. Amended October 26, 2021, effective July 1, 2022.)