Rule 43. Presence of the defendant

(a) Presence required. The defendant shall be present at the arraignment, at the time of the plea, at every stage of the trial including the entry of the judgment and the imposition of sentence, except as otherwise provided by this Rule.

(b) Continued presence not required. The further progress of the trial to and including the return of the judgment shall not be prevented and the defendant shall be considered to have waived the right to be present whenever a defendant, initially present,

(1) is voluntarily absent after the trial has commenced (whether or not the defendant has been informed by the Court of the obligation to remain during the trial), or

(2) after being warned by the Court that disruptive conduct will cause the removal of the defendant from the courtroom, persists in conduct which is such as to justify exclusion from the courtroom.

(c) Presence not required. A defendant need not be present in the following situations:

(1) A corporation may appear by counsel for all purposes.

(2) In exceptional circumstances, the Court, with the written consent of the defendant, may permit arraignment, plea, trial, and imposition of sentence in the defendant's absence. Except as provided in subsection (b), the defendant may not be absent for arraignment, plea, trial or imposition of sentence if the sentence includes Sentencing Accountability Level IV or V sanctions as defined in Title 11, Chapter 42 of the Delaware Code.

(3) At a conference or argument upon a question of law.

(4) At a reduction of sentence under Rule 35.

(5) At an arraignment by written pleading under Rule 10.

(6) Where the defendant has signed a legally authorized voluntary assessment form.

(d) Defendant deemed present. For purposes of initial appearances and arraignments and court rule, the defendant shall be deemed to be present if the defendant appears before the court by audiovisual device.