Chapter 3 · Trial

Rule 16. Presence of Accused at Trial

Amended 2025 (current)

Except in cases wherein capital punishment is a permissible sentence, a person indicted for misdemeanors and/or felonies may voluntarily waive his right to be present and may be tried in his absence upon a finding by the court that such person has received notice of his right to be present and that a warning was given that the trial would proceed in his absence upon a failure to attend the court.

Rule 16 is the language of Criminal Practice Rule 3.