Rule 6-109. Presence of the defendant.

A. Presence defined. The defendant’s “presence,” as used in this rule, may include either (1) the defendant’s physical appearance in open court; or (2) the defendant’s appearance through an audio or audio-visual communication under Rule 6-110A NMRA. B. Presence required. Except as otherwise provided by this rule, the defendant shall be present at (1) the first appearance, the arraignment, the plea, and any hearing to set bail or conditions of release; (2) every stage of the trial, including the impaneling of the jury and the return of the verdict; and (3) the imposition of any sentence. C. Continued presence not required. The further progress of any proceeding, including the trial and return of the verdict, shall not be prevented whenever a defendant, initially present at such proceeding: (1) is voluntarily absent after the proceeding has commenced, regardless of whether the court informed the defendant of an obligation to remain present; or (2) engages in conduct that 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 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 who is an organization may appear by counsel for all purposes; (2) when the proceeding involves only a conference or hearing upon a question of law, if an attorney has entered on the defendant’s behalf; (3) in prosecutions for offenses that may be disposed of without a hearing under Rule 6-503 NMRA; and (4) in prosecutions for offenses within magistrate court trial jurisdiction, the court may accept a knowing, intelligent, and voluntary waiver of a defendant’s right to be present for first appearance, arraignment, entry of a plea of not guilty, trial, or the imposition of any sentence. The defendant may not waive the right to be present for the entry of a guilty or no contest plea.