Rule 602. Presence of the Defendant.

 (A)  The defendant shall be present 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. The defendant’s absence without cause shall not preclude proceeding with the trial including the return of the verdict and the imposition of sentence.

 (B)  A corporation may appear by its attorney for all purposes.

Comment

   Nothing in this rule is intended to preclude a defendant from affirmatively waiving the right to be present at any stage of the trial, see e.g., Commonwealth v. Vega, 719 A.2d 227 (Pa. 1998) (plurality) (requirements for a knowing and intelligent waiver of a defendant’s presence at trial includes a full, on-the-record colloquy concerning consequences of forfeiture of the defendant’s right to be present) or from waiving the right to be present by his or her actions, see e.g., Commonwealth v. Wilson, 712 A.2d 735 (Pa. 1998) (defendant, who fled courthouse after jury was impaneled and after subsequent plea negotiations failed, was deemed to have knowingly and voluntarily waived the right to be present).

   Former Rule 1117(c) was moved to Rule 462 (Trial de novo) in 2000 as part of the reorganization of the rules.

   Official Note

   Rule 1117 adopted January 24, 1968, effective August 1, 1968; amended October 28, 1994, effective as to cases instituted on or after January 1, 1995; renumbered Rule 602 and amended March 1, 2000, effective April 1, 2001; amended December 8, 2000, effective January 1, 2001.

   Committee Explanatory Reports:

   FORMER RULE 1117:

   Final Report explaining the October 28, 1994 amendments published with the Court’s Order at 24 Pa.B. 5841 (November 26, 1994).

   FORMER RULE 602:

   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000).

   Final Report explaining the December 8, 2000 amendments published with the Court’s Order at 30 Pa.B. 6546 (December 23, 2000).

Source

   The provisions of this Rule 602 amended December 8, 2000, effective January 1, 2001, 30 Pa.B. 6546. Immediately preceding text appears at serial page (266558).



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