City of Wichita - Rules of the Municipal Court Rule 11: Court Appearances - Failure to Appear
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Wichita Municipal Court
City Hall, 2nd floor
455 North Main
Wichita, Kansas 67202

Hours:
7:00 AM-5:00 PM,
Monday-Friday

Phone: (316) 268-4611
Telephones are answered
8:00 AM-5:00 PM, Monday-Friday.

Fax: (316) 268-4249

E-mail: Wichita Municipal Court


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Rule 11: Court Appearances - Failure to Appear

11.1 The Court may compel the appearance of an accused person in person at every court appearance. The Court may permit appearance, pleas and judgment (including sentencing where state law does not mandate fingerprinting or victim rights notification) of a defendant through the appearance of his or her counsel in the absence of the accused as to any misdemeanor or traffic infraction which does not carry any possibility of incarceration. See K.S.A. 12-4402.
11.2 Other than in hearings on the termination of diversions and deferred judgments, no defendant will be tried in absentia, except as permitted by the municipal court judge upon first determining that:
  1. such defendant appears by and through counsel at such trial; and

  2. the defendant has stipulated to, and otherwise waived all defenses relating to, his or her identity as the accused in the charges before the court for trial; and

  3. the defendant has waived all objections and defenses relating to hearsay and confrontation issues concerning the admissibility of statements purported by a witness at such trial to have been made by such defendant out-of-court; and

  4. the defendant has waived all objections and defenses concerning the municipal court's jurisdiction over the person of such defendant in the matter at trial.

11.3 No defendant will be permitted to be sentenced in absentia following conviction for any traffic or criminal offense in which:
  1. federal, state or local laws require the fingerprinting following conviction for such offense;

  2. federal, state or local laws require notification of the victim as to the sentencing date of the accused;

  3. where such defendant has any outstanding warrants in the Municipal Court of the City of Wichita and remains a fugitive from justice upon such outstanding warrants; or

  4. where, in the discretion of the Court, the defendant's presence should be required at sentencing.

11.4 In all cases in which a defendant represents himself or herself, without the benefit of counsel, said defendant must appear before the Court in person. See K.S.A. 12-4402.
11.5 Every defendant must appear in person for every pre-trial hearing, trial and sentencing date scheduled in his or her case except when (1) given specific permission by the court prior to such pre-trial hearing, trial or sentencing date to be absent and (2) such defendant is represented by counsel appearing for said defendant with a written waiver of appearance and grant of authority to dispose of all charges in such case executed by the accused. See K.S.A. 12-4402.
11.6 If a duly summoned defendant shall fail to appear before the court at the time and place scheduled, or rescheduled, the Court may order a warrant for the defendant's arrest, note default on conditions of the defendant's bond and forfeit said bond. See K.S.A. 12-4406 (e).
11.7 Every defendant charged in municipal court, and his or her counsel, are required to keep the Clerk of the Municipal Court Clerk advised of any change of such defendant's current address within seven (7) days of such change of address. Failure of a defendant or such defendant's counsel to comply with this rule may be deemed sufficient grounds to revoke or modify the accused's conditions of release.
11.8 Every defendant placed on any form of probation or parole following conviction in the municipal court shall during the term of such probation or parole keep the Clerk of the Municipal Court (or Municipal Court Probation Officer if such defendant has been placed upon a reporting probation following conviction) advised of any change of such defendant's current address and telephone number within two (2) days of such change of address or telephone number. Failure of a defendant to comply with this rule may be deemed sufficient grounds for the revocation or modification of the conditions of probation or parole.
11.9 The failure of a defendant to appear at any appearance as ordered by the court may be deemed by the Court to create a rebuttable presumption that the existing conditions of the defendant's bond are insufficient to secure his or her appearance for any future court date, and that the Court should modify the conditions of the accused's bond before permitting the accused to be released again prior to trial or prior to sentencing.
11.10 The failure of a defendant to appear for trial or sentencing may be deemed by the Court to create a rebuttable presumption that the defendant will not again appear for a subsequent trial or sentencing date unless a sufficient surety, or cash only, bond is satisfied by the accused.

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Related to
Rules of the Municipal Court
Main
Rule 01: Prefatory Rule
Rule 02: Definitions
Rule 03: Court Hours
Rule 04: Presiding or Administrative Judge
Rule 05: Judges Pro Tempore
Rule 06: Appearance Bonds
Rule 07: Procedures Involving Notices to Appear
Rule 08: Counsel
Rule 09: Daily Docket - Sessions
Rule 10: General Rules of Court Decorum and Safety
Rule 11: Court Appearances - Failure to Appear
Rule 12: General Practice and Procedure
Rule 13: Diversions and Deferred Judgment Practice
Rule 14: Discovery
Rule 15: Motion Practice
Rule 17: Docket Call, Arraignment, and Trial Practice
Rule 18: Continuances
Rule 19: Dismissals
Rule 20: Costs, Fees and Conditions of Release After Sentence
Rule 21: Post-Trial Matters
Rule 22: Appeals
Rule 23: Expungement
Rule 24: Administrative Traffic Court
Rule 25: Impound Hearings and Civil Rights Administrative Hearings
Rule 26: Publication of Rules


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