E.D.N.C. Local Criminal Rule 43.1

In accordance with Fed. R. Crim. P. 43(b)(2), a defendant in misdemeanor cases

may execute a written waiver of appearance which contains the following

statements:

(a) the designation of an attorney to appear in behalf of the defendant and the

granting to such attorney full authority to enter on behalf of the defendant a

plea of guilty, not guilty, or nolo contendere to the offense charged, or to a

lesser offense or offenses in lieu thereof;

(b) a consent to trial by the magistrate judge; and, a waiver of: (1) the right to

be tried and sentenced by a district judge, (2) the right to a jury trial, (3) the

right to testify in person, and (4) the right to face his or her accusers;

(c) an agreement to be bound by the decisions of the court as in any other case

of adjudication and the entry of judgment subject to the right of appeal as

in any other case; and,

(d) the circumstances which justify the approval of the written waiver of

appearance by the court. The waiver of appearance must be (1) in writing,

(2) signed by the defendant and his or her attorney, (3) consented to by the

attorney for the government, and (4) approved by the court.