Fed. R. Crim. P. 43

(a) When Required. Unless this rule, Rule 5, or Rule 10 provides

otherwise, the defendant must be present at:

(1) the initial appearance, the initial arraignment, and the

plea;

(2) every trial stage, including jury impanelment and the return of the verdict; and

(3) sentencing.

(b) When Not Required. A defendant need not be present under

any of the following circumstances:

(1) Organizational Defendant. The defendant is an organization represented by counsel who is present.

(2) Misdemeanor Offense. The offense is punishable by fine or

by imprisonment for not more than one year, or both, and

with the defendant’s written consent, the court permits arraignment, plea, trial, and sentencing to occur by video teleconferencing or in the defendant’s absence.

60 Rule 44 FEDERAL RULES OF CRIMINAL PROCEDURE

(3) Conference or Hearing on a Legal Question. The proceeding involves only a conference or hearing on a question of law.

(4) Sentence Correction. The proceeding involves the correction or reduction of sentence under Rule 35 or 18 U.S.C.

§ 3582(c).

(c) Waiving Continued Presence.

(1) In General. A defendant who was initially present at

trial, or who had pleaded guilty or nolo contendere, waives the

right to be present under the following circumstances:

(A) when the defendant is voluntarily absent after the

trial has begun, regardless of whether the court informed

the defendant of an obligation to remain during trial;

(B) in a noncapital case, when the defendant is voluntarily absent during sentencing; or

(C) when the court warns the defendant that it will remove the defendant from the courtroom for disruptive behavior, but the defendant persists in conduct that justifies

removal from the courtroom.

(2) Waiver’s Effect. If the defendant waives the right to be

present, the trial may proceed to completion, including the

verdict’s return and sentencing, during the defendant’s absence.

(As amended Apr. 22, 1974, eff. Dec. 1, 1975; Pub. L. 94–64, § 3(35),

July 31, 1975, 89 Stat. 376, eff. Dec. 1, 1975; Mar. 9, 1987, eff. Aug.

1, 1987; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 24, 1998, eff. Dec. 1, 1998;

Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 26, 2011, eff. Dec. 1, 2011.)