Chapter V · GENERAL PROVISIONS

Rule 23. Presence of the Defendant

Amended 2025 (current) Contains Deadlines

(a) Right to Presence. The defendant shall be present at the first appearance and at the imposition of sentence, except as otherwise provided by statute or by these rules. The defendant shall be present at every stage of the trial, except that the defendant may be excluded from the proceedings if, after appropriate warning, the defendant persists in conducting himself or herself in a manner so disorderly, disruptive, and disrespectful of the court that the trial cannot be carried on with the defendant in the courtroom.

(b) Motion to Waive Presence. A defendant who is represented by an attorney may apply to the court for an order to waive the defendant's presence at the first appearance, at every stage of trial, and the imposition of sentence. A motion to relieve a defendant from the requirement that the defendant be present shall be in writing unless the court permits it to be made orally. Said motion shall be filed no later than five (5) days prior to the first appearance, trial, or sentencing.

(c) Corporate Defendants. A corporation or other business entity shall appear by counsel for all purposes, however, where the potential fines are not in excess of five hundred dollars ($500.00), the corporation or other business entity may elect to appear through an officer or agent upon proof that the officer or agent has been an employee of the corporation or other business entity for at least one (1) year and is authorized to appear on behalf of the corporation or other business entity and to pay potential fines or arrange for the payment of fines.