Rule 15.1 - Necessity of Arraignment(a) Service of Indictment. Before arraignment, a copy of the indictment shall be served on the defendant. Arraignment, unless waived by the defendant, shall be held within thirty (30) days after the defendant is served with the indictment. When arraignment cannot be held within the time specified because the defendant is in custody elsewhere, it shall be held as soon as possible.(b) In General. An arraignment, unless waived, shall be conducted in open court and must consist of: (1) ensuring that the defendant has a copy of the indictment;(2) reading the indictment to the defendant or stating to the defendant the substance of the charge;(3) asking the defendant to plead to the indictment;(4) determining whether the defendant is represented by counsel and, if not, appointing counsel, if appropriate, under Rule 7;(5) reviewing the bond previously set, if appropriate; and(6) setting reasonable deadlines for the filing and hearing of all pretrial motions. Pretrial motions shall include, but are not limited to, motions: to dismiss, to suppress evidence, to request discovery, for continuance, for severance, for appointment of experts, for mental examination, or for any other matters which may delay the trial. (c) Waiving Reading of Indictment. Reading of the indictment may be waived if the defendant is represented and attended by counsel.(d) Waiving Appearance. A defendant need not be present for the arraignment if the defendant, in a written waiver signed by both the defendant and the defendant's attorney, has waived appearance and has affirmed that the defendant received a copy of the indictment and that the plea is not guilty.(e) Video Conferencing. Video conferencing may be used to arraign a defendant pursuant to Rule 1.8.(f) Codefendants. Defendants who are jointly charged may be arraigned separately or jointly. If codefendants are arraigned at the same time and charged with the same offense, the indictments need be read only once, with stated identification of each defendant.(g) Waiving Arraignment. Arraignment is deemed waived when the defendant proceeds to trial or enters a guilty plea without objection.Comment
Rule 15.1 is largely derived from former Rules 8.01 and 8.02 of the Uniform Rules of Circuit and County Court. Section (a) requires that, whenever possible, arraignment be held within thirty (30) days after service of the indictment. The date of arraignment is an important point of reference for setting the date of trial under Rule 9(a) which, like former Rule 8.01 of the Uniform Rules of Circuit and County Court, provides that "[w]ithin sixty (60) days after arraignment (or waiver thereof), the court shall enter an order setting a date for trial. Trial shall be set for no later than two-hundred-seventy (270) days after arraignment (or waiver thereof)."
Section (b) is basically a checklist for the court and counsel in conducting an arraignment. Many of the items traditionally covered at the arraignment are included in the initial appearance. See Rule 5.2. They need not be repeated.
Section (d) permits the defendant to waive the right to appear at arraignment. It appears that the formal in-court taking of a plea of not guilty should not be required so long as the rights of the defendant are protected and an adequate record is made. Thus, the rule permits formal arraignment to be bypassed if the defendant is assisted by counsel and files a written waiver of arraignment and a plea of not guilty that also acknowledges receipt of a copy of the charge against the defendant.
Section (e) permits video conferencing of an arraignment pursuant to Rule 1.8.