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Tennessee Rules of Criminal Procedure, Rule 43

RULE 43. PRESENCE OF THE DEFENDANT

(a) Presence Required. Unless excused by the court upon defendant's motion, the defendant shall be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this rule.

(b) Continued Presence Not Required. The further progress of the trial to and including the return of the verdict and imposition of sentence shall not be prevented and the defendant shall be considered to have waived the right to be present whenever a defendant, initially present:

(1) voluntarily is absent after the trial has commenced (whether or not he or she has been informed by the court of the obligation to remain during the trial), or

(2) after being warned by the court that disruptive conduct will cause the defendant to be removed from the courtroom, persists in conduct which is such as to justify exclusion from the courtroom. If a trial proceeds in the voluntary absence of the defendant or after the defendant's removal from the courtroom, he or she must be represented in court by competent counsel; and, if the defendant has been removed from the courtroom, he or she shall be given reasonable opportunity to communicate with counsel during the trial. If a trial is proceeding with the defendant excluded from the courtroom because of disruptive conduct, the court shall periodically determine at reasonable intervals whether the defendant will then signify willingness to avoid creating a disturbance if allowed to return to the courtroom and shall permit such return when the defendant so signifies and the court reasonably believes the defendant.

(c) Presence Not Required. A defendant need not be present in the following situations:

(1) A corporation, limited liability company or limited liability partnership, may appear by counsel for all purposes.

(2) If the maximum possible sentence is a fine not in excess of fifty dollars ($50.00) and no incarceration is possible, any defendant may appear by counsel for all purposes.

(3) At a conference or argument upon a question of law.

(4) At arraignment, provided the defendant's attorney of record is present in open court and presents a written waiver, signed by the defendant, of the right to be present.

[Amended effective August 22, 1984; July 1, 1995.]

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Committee Comment

This rule is based upon but is broader than the federal rule, and is substantially self-explanatory.

Comment to 1984 Amendment

Rule 43(c)(4) allows the defendant to waive his or her physical presence at the arraignment but only where the defendant's counsel of record presents the written waiver to the trial judge. If an attorney enters such an appearance, the attorney is expected to continue representation of the defendant. This rule should not be read to allow an attorney to simply make an appearance for the limited purpose of arraignment.

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