971.04 Defendant to be present.

450 words·~2 min read·/wi/chapter-971/971-04-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as provided in subs.

(2)and

(3), the defendant shall be present personally or as provided under s. 967.08 :

(a)At the arraignment;

(b)At trial;

(c)During voir dire of the trial jury;

(d)At any evidentiary hearing;

(e)At any view by the jury;

(f)When the jury returns its verdict;

(g)At the pronouncement of judgment and the imposition of sentence;

(h)At any other proceeding when ordered by the court.

(2)A defendant charged with a misdemeanor may authorize his or her attorney in writing to act on his or her behalf in any manner, with leave of the court, and be excused from attendance at any or all proceedings.

(3)If the defendant is present at the beginning of the trial and thereafter, during the progress of the trial or before the verdict of the jury has been returned into court, voluntarily absents himself or herself from the presence of the court without leave of the court, the trial or return of verdict of the jury in the case shall not thereby be postponed or delayed, but the trial or submission of said case to the jury for verdict and the return of verdict thereon, if required, shall proceed in all respects as though the defendant were present in court at all times. A defendant need not be present at the pronouncement or entry of an order granting or denying relief under s. 974.02 , 974.06 , or 974.07 . If the defendant is not present, the time for appeal from any order under ss. 974.02 , 974.06 , and 974.07 shall commence after a copy has been served upon the attorney representing the defendant, or upon the defendant if he or she appeared without counsel. Service of such an order shall be complete upon mailing. A defendant appearing without counsel shall supply the court with his or her current mailing address. If the defendant fails to supply the court with a current and accurate mailing address, failure to receive a copy of the order granting or denying relief shall not be a ground for tolling the time in which an appeal must be taken.

971.04 Note Judicial Council Note, 1996: This statute [sub.

(1)(c)] defines the proceedings at which a criminal defendant has the right to be present. The prior statute’s [sub.

(1)(c)] reference to “all proceedings when the jury is being selected” was probably intended to include only those at which the jurors themselves were present, not the selection of names from lists which occurs at several stages before the defendant is charged or the trial jury picked. [Re Order effective 1-1-97]