{"jurisdiction": "us-ny", "code": "nycrr", "section": "207.35", "citation": "Uniform Rules § 207.35", "heading": "Absence of attorney during trial", "text": ["All trial counsel shall remain in attendance at all stages of the trial until the jury retires to deliberate unless excused by the Surrogate. Any counsel not present during the jury deliberation, further requests to charge, or report of the jury verdict shall be deemed to stipulate that the court may proceed in his or her absence and to waive any irregularity in proceedings taken in his or her absence. The court may permit trial counsel to leave, provided that counsel remain in telephone contact with the court."], "official_source": "https://www.nycourts.gov/rules/part-207-uniform-rules-surrogates-court", "from_official_api": true, "plain_english": "This rule requires trial lawyers to stay in court during a jury trial.\n- **All trial counsel shall remain** at **every stage of the trial until the jury retires to deliberate**, unless **excused by the Surrogate**. ★\n- Counsel **not present** during **jury deliberation**, **further requests to charge**, or the **report of the verdict** is **deemed to stipulate** that the court may **proceed without them** and to **waive any irregularity** in what happens in their absence. ★\n- The court **may let trial counsel leave**, provided counsel **stays in telephone contact** with the court.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/nycrr/207.35", "publisher": "Elyphived LLC"}