Mass. R. Crim. P. 18

As amended through October 3, 2024

Rule 18 - Presence of Defendant

(Applicable to District Court and Superior Court)

(a) Presence of Defendant. In any prosecution for crime the defendant shall be entitled to be present at all critical stages of the proceedings.

(1)Defendant absenting self. If a defendant present at the beginning of a trial thereafter is absent without cause or without leave of court, the trial may proceed to a conclusion in all respects except the imposition of sentence or probation as though the defendant were still present.

(2) Waiver of Presence in Misdemeanor Cases. A person prosecuted for a misdemeanor may upon request, with leave of court, be excused from attendance if represented by counsel or an agent authorized by law and may be excused from attendance without leave of court if so authorized by the General Laws.

(3) Presence Not Required. A defendant need not be present at a revision or revocation of disposition pursuant to rule 29 or at any proceeding where evidence is not to be taken.

(b) Presence of Corporation. A corporation may appear by a duly authorized agent for the purposes of this rule.

Mass. R. Crim. P. 18

Amended February 22, 2022, effective 4/1/2022.

Reporter's Notes--2022

This amendment makes two changes to bring the rule into conformity with current law and practice. First, it removes gendered pronouns and references in Rule 18(a)(1) and (2) and clarifies that a defendant's presence is required for imposition of any sentence or the imposition of probation. Rule 18(a)(1) allows a trial to proceed to its conclusion after a defendant is absent without cause or leave of the court but requires the defendant's presence for imposition of sentence. A defendant has a right to be present at sentencing. Commonwealth v. Pacheco, 477 Mass. 206, 215 (2017) (citing Commonwealth v. Williamson, 462 Mass. 676, 685 (2012)). This amendment clarifies that the defendant's presence is also required for imposition of probation. The amendment uses "sentence" rather than "disposition" because the defendant's presence would not be required for a dismissal.

Second, in Rule 18(a)(3) the amendment implements the terminological change from "sentence" to "disposition" required by Commonwealth v. Beverly, 485 Mass. 1 (2020), to reflect more accurately that potential dispositional outcomes in criminal cases subject to a Rule 29 motion to revise and revoke may include continuances without a finding. Id., 485 Mass. at 10 ("a continuance without a finding disposition may fairly be considered a sentence for the purposes of Rule 29").