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Court Rule

N573.102 waiver of Attendance at Omnibus Hearing

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.
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Created at 1/29/2016 10:20 AM by Vitek Gajewski
Last modified at 1/29/2016 10:20 AM by Vitek Gajewski
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