In accordance with Fed. R. Crim. P. 43(b)(2), a defendant in misdemeanor cases
may execute a written waiver of appearance which contains the following
statements:
(a) the designation of an attorney to appear in behalf of the defendant and the
granting to such attorney full authority to enter on behalf of the defendant a
plea of guilty, not guilty, or nolo contendere to the offense charged, or to a
lesser offense or offenses in lieu thereof;
(b) a consent to trial by the magistrate judge; and, a waiver of: (1) the right to
be tried and sentenced by a district judge, (2) the right to a jury trial, (3) the
May 2023 Return to Table of Contents
Local Criminal Rules – U.S. District Court for the Eastern District of North Carolina Page 23
right to testify in person, and (4) the right to face his or her accusers;
(c) an agreement to be bound by the decisions of the court as in any other case
of adjudication and the entry of judgment subject to the right of appeal as
in any other case; and,
(d) the circumstances which justify the approval of the written waiver of
appearance by the court. The waiver of appearance must be (1) in writing,
(2) signed by the defendant and his or her attorney, (3) consented to by the
attorney for the government, and (4) approved by the court.
