Rule 44-10. Where Presence of Defendant Not Required

(a) Unless otherwise ordered by the judicial authority, a defendant need not be present in the following situations:

(1) In proceedings involving a corporation, a corporation being able to appear by counsel for all purposes;

(2) In prosecutions for offenses punishable by a fine in which the defendant pleads guilty or nolo contendere and pays the fine by mail;

(3) At any argument on a question of law or at any conference, except a disposition conference pursuant to Section 39-13;

(4) In proceedings involving a reduction of a sentence under Sections 43-21 and 43-22; and

(5) In proceedings in which the defendant otherwise waives his or her right to be present.

(b) If ordered to be present by the judicial authority or if required to be present for a disposition conference pursuant to subsection (a) (3) of this section, the presence of the defendant may, in the discretion of the judicial authority and, in the case of such a disposition conference, with the consent of the defendant, be made by means of an interactive audiovisual device. Such audiovisual device must operate so that the defendant, his or her attorney, if any, and the judicial authority can see and communicate with each other simultaneously. In addition, a procedure by which the defendant and his or her attorney can confer in private must be provided.

Committee Notes

(P.B. 1978-1997, Sec. 970.) (Amended December 19, 2006, to take effect March 12, 2007.)