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NY · rules

22 NYCRR 202.36

Absence of attorney during trial

activein force · 2026-09-16 – presentact-effective-date

All trial counsel shall remain in attendance at all stages of the trial until the jury retires to deliberate, unless excused by the judge presiding. The court may permit counsel to leave, provided that counsel remain in telephone contact with the court. Any counsel not present during the jury deliberation, further requests to charge, or report of the jury verdict shall be deemed to stipulate that the court may proceed in his or her absence and to waive any irregularity in proceedings taken in his or her absence.

Provenance

Source
nycourts.gov
Retrieved
2026-09-17
Edition
2026-09-16
Content hash
e2e0c595a4589e239ce29b1682f94e697ccdbf556ed3611b072b8abbd16f3051
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22 NYCRR 202.36 — Absence of attorney during trial · binding.law