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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