Rule 5-612. Presence of the defendant; appearance of counsel.

A. Presence required. Except as otherwise provided by these rules, the defendant shall be present at all proceedings, including the arraignment, all hearings and conferences, argument, the jury trial and during all communications between the court and the trial jury. B. Waiver of personal presence. The defendant may waive the right to be personally present: (1) for a specific hearing or proceeding, by an oral waiver on the record; or (2) by executing a written waiver substantially in the form approved by the Supreme Court. The waiver must be approved by the defendant's counsel and the court prior to the hearing. C. Continued presence not required. The further progress of the trial, including the return of the verdict, and the imposition of sentence shall not be prevented if the defendant waives the right to be personally present or whenever a defendant who was initially present: (1) is voluntarily absent after the trial has commenced (whether or not he has been informed by the court of his obligation to remain during the trial); or (2) engages in conduct which the court determines, by clear and convincing evidence, to be so disruptive as to justify the exclusion of the defendant from further proceedings. If a defendant is excluded from the proceedings under this subparagraph, the court shall provide the defendant with a timely opportunity to regain the right to be personally present so long as the defendant agrees to refrain from any further disruptive conduct. D. Presence not required. A defendant need not be present in the following situations: (1) a defendant other than a person may appear by counsel for all purposes; (2) when the offense is punishable by fine or by imprisonment for a term of less than one (1) year, or both, the court, with the written consent of the defendant, permits arraignment, plea, trial and imposition of sentence in the defendant's absence; (3) when the proceeding involves only a conference or hearing upon a question of law.