N573.102

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RULE N573.102. WAIVER OF ATTENDANCE AT OMNIBUS HEARING.


A defendant shall be present at a hearing on an omnibus pretrial motion unless excused in advance by the court. Attendance will be excused only for compelling reasons and only when defendant has executed a waiver in the following form:

WAIVER OF CONSTITUTIONAL RIGHT TO ATTEND HEARING

I hereby certify

F. The charges pending against me and the maximum possible penalties
therefore are:




G. My attorney has filed a pre-trial motion, the purpose of which is:




H. A hearing on the Motion will be held on:




I. I understand that I have a constitutional right to be present at the
hearing and to confront the witnesses against me.

J. I understand that by not attending the hearing, I will not be able to aid my
lawyer with respect to:

factual issues which may arise;
whether any witness is making an error in his testimony;
how to effectively cross-examine any Commonwealth witness.

A. I voluntarily give up my right to be present for the hearing.

______________________(Attorney)  _______________________(Defendant)  

______________________(Date) 


Adopted June 15, 2001, effective September 1, 2001.