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RI · rules

R.I. Traffic Trib. R. P. 23

Presence of the Defendant

activein force · 2024-02-01 – presentact-effective-date

(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.

Provenance

Source
courts.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
6cdb485a53e28cc830b93575d5924060450d345bf6a4d37552ff055dc7fb9906
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R.I. Traffic Trib. R. P. 23 — Presence of the Defenda… · binding.law