Part 44 · General Provisions

Rule 44-7. Presence of Defendant; Attire of Incarcerated Defendant or Witness

Amended January 1, 2026 (current)

The defendant has the right to be present at the arraignment, at the time of the plea, at evidentiary hearings, at the trial, and at the sentencing hearing, except as provided in Section 37-1 and Sections 44-7 through 44-10. Whenever present, the defendant shall be seated where he or she can effectively consult with counsel and can see and hear the proceedings. An incarcerated defendant or an incarcerated witness shall not be required during the course of a trial to appear in court in the distinctive attire of a prisoner or convict.

Committee Notes

(P.B. 1978-1997, Sec. 967.) (Amended June 11, 2021, to