RMCLR 4.1.
APPEARANCE AND PLEADINGS BY ATTORNEYS
(1) Pursuant to CrRLJ 4.1, except in cases involving domestic violence
or alcohol related driving crimes, an attorney may enter an
appearance and/or plea of not guilty on behalf of an accused in
any criminal or traffic offense if said appearance or plea is made
in writing or made in open court on the record. Appearance must
be accompanied by an acknowledgement by defendant that they have
been advised of their rights as a person accused of a crime.
(2) A defendant must personally appear in court in cases involving
domestic violence (Assault Fourth Degree, Interfering with the
Reporting of Domestic Violence, Violation of a No Contact Order,
Violation of a Protection Order).
(3) A defendant must personally appear in court for arraignment in
cases where the crime charged is Driving Under the Influence of
Alcohol and/or Drugs or Physical Control.
(4) Unless previously commenced by an appearance made in open court, a
written appearance shall commence the running of the time periods
established in CrRLJ 3.3 from the date of receipt by the court. A
written appearance waiving an arraignment, but without a plea,
shall be considered a plea of not guilty, made in writing or in
open court, and obviates the need for further arraignment and
waives any defects in the complaint other than failure to state a crime.
(5) Telephonic requests or notice by defendant or defense counsel
shall not constitute an arraignment, appearance or plea, and shall
not commence the time periods under CrRLJ 3.3.
[Adopted Effective September 1, 2001]
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