Rule 64. Absentia Rule

(1) This rule shall be effective immediately after passage, shall not expire, and shall apply to all federal courts of the United States.

(2) Any federal court of the United States may hold proceedings in absentia under the rules and regulations of this Rule.

(3) All defendants in absentia proceedings require legal counsel; if a defendant cannot procure his/her own counsel, a public defender may be appointed by the judge to defend such defendant. Even if a defendant waives the right to counsel, a defense attorney must be present for absentia proceedings; a presiding judge may ensure this through any reasonable means.

(4) A defendant qualifies for a proceeding in absentia if he/she–

• (a) willfully refuses to attend court for any hearing, trial, or any other proceeding, be it criminal or civil, despite being given ample opportunity and flexibility to attend court at a time preferable to such defendant;

• (b) physically cannot attend court for any reason but has given consent to a proceeding in absentia;

• (c) has not responded to any court summons, appears to be inactive, and/or cannot be contacted without an undue burden to the presiding judge and/or prosecutor(s);

• (d) willfully flees the country; and/or

• (e) refuses to cooperate with scheduling any proceeding despite being given ample opportunity and flexibility for scheduling such proceedings.

(5) Judges are highly encouraged to work around scheduling conflicts (such as those described in §4(b) of this Rule) instead of resorting to absentia proceedings, but no judge shall be held accountable if a defendant who had ample opportunity to attend court receives an unfavorable (but legal) decision, verdict, or injunction.

(6) All defense attorneys for absentia proceedings shall update their clients from time to time on the status of their cases, except in cases where the defendant flees the country.

(7) No criminal trial may be held without a prosecutor, and no civil trial may be held without a plaintiff or his/her counsel.

(8) Any ruling from proceedings held in absentia are final if such proceeding was held in absentia due to the defendant’s willful refusal to attend.