Rule 43. Presence of the Defendant

The defendant shall be present at the arraignment, at the dispositional conference, at every stage of the trial including the impaneling of the jury, and at the return of the verdict, and at the imposition of sentence, except as otherwise provided by these Rules. In any criminal prosecution the defendant's voluntary absence after the trial has been commenced in the defendant's presence shall not prevent continuing the trial to and including the verdict and imposition of sentence. A corporation may appear by counsel for all purposes. In any criminal prosecution for a Class D or Class E crime, the court may permit arraignment, plea, trial, and imposition of sentence of a represented defendant in the defendant's absence.

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 43 of the Maine Rules of Criminal Procedure except that "at the dispositional conference" is added to the first sentence mandating the defendant's presence at the conference.

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1976 [M.R. Crim. P. 43.] This amendment is to accommodate the new Criminal Code, Title l7-A of the Maine Revised Statutes, in which criminal homicide of the 1st and 2nd degree replace the old charge of murder. See: 17-A M.R.S. §§ 201 and 202.

Advisory Committee Note—1977 [M.R. Crim. P. 43.] Rule 43 of the Maine Rules of Criminal Procedure: See Note 1. [1. Rule 7(a) of the Maine Rules of Criminal Procedure: This amendment conforms the Rule to the re-introduction in the Criminal Code of the crime of murder, 17-A M.R.S. § 201, in lieu of the crimes of homicide in the first and second degree. P.L. 1977, c.510, § 38, effective October 24, 1977.]

Advisory Committee Note—1981 [M.R. Crim. P. 43.] The deleted sentence provides for the presence of the defendant "at proceedings for post-conviction relief under Rule 35(b)." Rule 35(b) no longer exists; more importantly, the whole subject of proceedings for post-conviction review is now covered comprehensively by statute, 15 M.R.S. c. 305-A, and by these rules. Any provision dealing with the presence of the defendant at a proceeding for post-conviction review belongs there.

Advisory Committee Note—1990 [M.R. Crim. P. 43.] The amendment to Rule 43 removes the present exception for the crime of murder. Notwithstanding the fact that under certain circumstances a life sentence is potentially available as an alternative sentence for murder ( State v. Anderson and Sabatino , Nos. AD-78-37, 78-40 (Me. App. Div. June 30, 1980)), that fact alone should not foreclose to a trial court the discretion to continue the prosecution if a defendant in a murder case voluntarily absents himself or herself from the trial.

Advisory Committee Note—2003 [M.R. Crim. P. 43.] The amendment replaces the current indirect reference to a Class D or Class E crime with an express reference. The change conforms the language of Rule 43 with that of current Rule 10 addressing a permitted absence from an arraignment by a represented defendant when the charge is a Class D or Class E crime.