Sample Form 6 
 
NOTICE TO DEFENDANT OF WAIVER OF RIGHT TO BE PRESENT 

The waiver is applicable in all non-capital felony and misdemeanor cases                 
if defendant is represented by counsel and in all minor misdemeanor cases. 
 
 

 

______________________ 
Case Number 

 
 
 
 
[    ] State of Alabama  
[    ]  Municipality of  
 
 

_____________________________ 
 
   

 
 
 

 

 

 
v. 

_____________________________ 
 
Defendant 

 

 

 
 
 
 
 

 
 

 
 

 
 

 
 

STATE OF ALABAMA 
In the ______________ Court 
of __________________County 
(The City/Town of  
__________________________] 

ffense Charged:____________________________________________________ 

ame of Attorney of Record: _______________________________________ 

Explanation of Right to be Present.  The defendant has the rights to be present 
at the arraignment and at every stage of the trial, including the selection of the 
jury, the giving of additional instructions pursuant to Rule 21, ARCrP, the return 
of the verdict, and sentencing. 

Explanation  of  the  Right  to  be  Present  will  be  forfeited  by  voluntary 

absence or disruptive conduct by the defendant. 
                  
 
the following manner: 
 

The defendant may waive the right to be present at any proceeding in 

(1)  With  the  consent  of  the court, by an understanding and voluntary 
waiver  in  open  court  or  by  a  written  consent  executed  by  the 
defendant and by the defendant and by the defendant’s attorney of 
record, filed in the case. 

2)  By the defendant’s absence from any proceeding, which absence the 
court  may  infer  to  be  voluntary  and  to  constitute  an 
understanding and voluntary waiver of the right to be present, if 
the 
and  place  of  the  proceeding  and  was  informed  of  the  right  to  be 
present. 

defendant 

notice 

had 

the 

of 

time            

Disruptive Conduct. If a defendant engages in disruptive or disorderly conduct 

so that the trial or other proceedings cannot be carried on in an orderly manner, 
the court, after having warned the defendant of the consequences of such conduct, 
may, if such conduct continues, order the defendant to be removed from the trial or 
proceeding. If the defendant continues such disruptive or disorderly conduct after 
warning, he shall be deemed to have forfeited the right to be present at that trial 
or proceeding. 

_________________   
Date   
 
 
____________________ 
 
 
Date   

 

 

       ______________________________ 
 
 
 

  Signature of Defendant 
  ______________________________ 
  Signature of Defendant’s Attorney 

 

 
 

    O

  N

   

   

   

  _

   

  (

 

YOU ARE HEREBY NOTIFIED THAT THIS CASE HAS BEEN SET FOR: (Block Checked) 

ate: _________________________________     [   ] 

Pre-trial Conference 

Time : ________________________________    [   ]     Arraignment 

Room : _________________________________    [   ] 

Trial 

Address : ______________________________ 

  [ 

 

] 

 

  _____________  Hearing    

______________________________ 

ssued By: __________________________________________ 

   

 
Date Issued: _________________________________________ 

Title 

 

 

 

 

    D

  I

      R

 

ule 9.1