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FEDERAL RULES OF CRIMINAL PROCEDURE , ebda5d131ccbfbd3 (2020)

FEDERAL RULES OF CRIMINAL PROCEDURE Effective March 21, 1946, as amended to December 1, 2011

Rule 1. Scope; Definitions , 1 (2020)

These rules govern the procedure in all criminal proceedings in the United States district courts, the United States courts of appeals, and the Supreme These rules also govern the procedure in all criminal proceedings in the following courts: (A) the district court of Guam; (B) the district court for (c) Authority of a Justice or Judge of the United States. When these rules authorize a magistrate judge to act, any other federal judge may also act.

Rule 61. Title , 61 (2020)

Title These rules may be known and cited as the Federal Rules of Criminal Procedure.

Rule 32.2. Criminal Forfeiture , 32.2 (2020)

Publication must take place as described in Supplemental Rule G(4)(a)(iii) of the Federal Rules of Civil Procedure, and may be by any means described in (D) Means of Sending the Notice. The notice may be sent in accordance with Supplemental Rules G(4)(b)(iii)-(v) of the Federal Rules of Civil Procedure At any time before entry of a final forfeiture order, the court, in accordance with Supplemental Rule G(7) of the Federal Rules of Civil Procedure, may

Rule 34. Arresting Judgment , 34 (2020)

Upon the defendant's motion or on its own, the court must arrest judgment if: 44 Rule 35 FEDERAL RULES OF CRIMINAL PROCEDURE (1) the indictment or information does not charge an offense; or (2) the court does not have jurisdiction of the charged offense. The defendant must move to arrest judgment within 14 days after the court accepts a verdict or finding of guilty, or after a plea of guilty or nolo contendere

Rule 57. District Court Rules , 57 (2020)

(b) Procedure When There Is No Controlling Law. A judge may regulate practice in any manner consistent with federal law, these rules, and the local rules of the district. No sanction or other disadvantage may be imposed for noncompliance with any requirement not in federal law, federal rules, or the local district rules

Rule 2. Interpretation , 2 (2020)

Interpretation These rules are to be interpreted to provide for the just determination of every criminal proceeding, to secure simplicity in procedure

Rule 42. Criminal Contempt , 42 (2020)

A person being prosecuted for criminal contempt is entitled to a jury trial in any case in which federal law so provides and must be released or detained If the criminal contempt involves disrespect toward or criticism of a judge, that judge is disqualified from presiding at the contempt trial or hearing Notwithstanding any other provision of these rules, the court (other than a magistrate judge) may summarily punish a person who commits criminal contempt

Rule 44. Right to and Appointment of Counsel , 44 (2020)

Right to and Appointment of Counsel (a) Right to Appointed Counsel. (b) Appointment Procedure. Federal law and local court rules govern the procedure for implementing the right to counsel. of counsel, including separate representation.

Rule 49. Serving and Filing Papers , 49 (2020)

When these rules or a court order requires or permits service on a party represented by an attorney, service must be made on the attorney instead of the (c) Notice of a Court Order. Except as Federal Rule of Appellate Procedure 4(b) provides otherwise, the clerk's failure to give notice does not affect the time to appeal, or relieve

Rule 49.1. Privacy Protection For Filings Made with the Court , 49.1 (2020)

filing covered by Rule 49.1(d); (6) a pro se filing in an action brought under 28 U.S.C. §§ 2241, 2254, or 2255; (7) a court filing that is related to a criminal matter or investigation and that is prepared before the filing of a criminal charge or is not filed as part of any docketed criminal case; (8) an arrest A filing in an action brought under 28 U.S.C. § 2241 that relates to the petitioner's immigration rights is governed by Federal Rule of Civil Procedure

Rule 16. Discovery and Inspection , 16 (2020)

702, 703, or 705 of the Federal Rules of Evidence during its case-in-chief at trial. testimony that the government intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence as evidence at trial on the issue of the defendant's 702, 703, or 705 of the Federal Rules of Evidence as evidence at trial, if — (i) the defendant requests disclosure under subdivision (a)(1)(G) and the

Rule 45. Computing and Extending Time , 45 (2020)

The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time Whenever a party must or may act within a specified period after service and service is made in the manner provided under Federal Rule of Civil Procedure

Rule 12.3. Notice of a Public-Authority Defense , 12.3 (2020)

If a defendant intends to assert a defense of actual or believed exercise of public authority on behalf of a law enforcement agency or federal intelligence The notice filed with the clerk must be under seal if the notice identifies a federal intelligence agency as the source of public authority. Evidence of an intention as to which notice was given under Rule 12.3(a), later withdrawn, is not, in any civil or criminal proceeding, admissible against

Rule 6. The Grand Jury , 6 (2020)

foreign government — that an attorney for the government considers necessary to assist in performing that attorney's duty to enforce federal criminal criminal law. criminal investigation; (iv) at the request of the government if it shows that the matter may disclose a violation of State, Indian tribal, or foreign

Rule 58. Petty Offenses and Other Misdemeanors , 58 (2020)

In a case involving a petty offense for which no sentence of imprisonment will be imposed, the court may follow any provision of these rules that is not (b) Pretrial Procedure. (1) Charging Document. The trial of a misdemeanor may proceed on an indictment, information, or complaint. The Federal Rules of Appellate Procedure govern an appeal from a district judge's order or a judgment of conviction or sentence.

Rule 38. Staying a Sentence or a Disability , 38 (2020)

If the defendant appeals, the district court, or the court of appeals under Federal Rule of Appellate Procedure 8, may stay a sentence to pay a fine or If the defendant appeals, the district court, or the court of appeals under Federal Rule of Appellate Procedure 8, may stay — on any terms considered appropriate Federal Rule of Appellate Procedure 8, may stay the disability pending appeal on any terms considered appropriate.

Rule 60. Victim's Rights , 60 (2020)

(1) Notice of a Proceeding. If the court finds that the number of victims makes it impracticable to accord all of them their rights described in these rules, the court must fashion a reasonable procedure that gives effect to these rights without unduly complicating or prolonging the proceedings

Rule 26.1. Foreign Law Determination , 26.1 (2020)

Foreign Law Determination A party intending to raise an issue of foreign law must provide the court and all parties with reasonable written notice. Issues of foreign law are questions of law, but in deciding such issues a court may consider any relevant material or source — including testimony — without regard to the Federal Rules of Evidence.

Rule 5. Initial Appearance , 5 (2020)

(d) Procedure in a Felony Case. (1) Advice. The judge must detain or release the defendant as provided by statute or these rules. (4) Plea. (e) Procedure in a Misdemeanor Case.

Rule 15. Depositions , 15 (2020)

(e) Manner of Taking. Unless these rules or a court order provides otherwise, a deposition must be taken and filed in the same manner as a deposition in a civil action, except A party may use all or part of a deposition as provided by the Federal Rules of Evidence. (g) Objections.

Rule 5.1. Preliminary Hearing , 5.1 (2020)

With the defendant's consent and upon a showing of good cause — taking into account the public interest in the prompt disposition of criminal cases — a A recording of the proceeding may be made available to any party upon request. Rule 26.2(a)-(d) and (f) applies at any hearing under this rule, unless the magistrate judge for good cause rules otherwise in a particular case.

Rule 12. Pleadings and Pretrial Motions , 12 (2020)

The pleadings in a criminal proceeding are the indictment, the information, and the pleas of not guilty, guilty, and nolo contendere. (e) Waiver of a Defense, Objection, or Request. This rule does not affect any federal statutory period of limitations. (h) Producing Statements at a Suppression Hearing.

Rule 41. Search and Seizure , 41 (2020)

(C) "Federal law enforcement officer" means a government agent (other than an attorney for the government) who is engaged in enforcing the criminal laws At the request of a federal law enforcement officer or an attorney for the government: (1) a magistrate judge with authority in the district — or if When a federal law enforcement officer or an attorney for the government presents an affidavit in support of a warrant, the judge may require the affiant

Rule 11. Pleas , 11 (2020)

witnesses; (F) the defendant's waiver of these trial rights if the court accepts a plea of guilty or nolo contendere; (G) the nature of each charge (c) Plea Agreement Procedure. (1) In General. The admissibility or inadmissibility of a plea, a plea discussion, and any related statement is governed by Federal Rule of Evidence 410.

Rule 17. Subpoena , 17 (2020)

The server need not tender the attendance fee or mileage allowance when the United States, a federal officer, or a federal agency has requested the subpoena The court (other than a magistrate judge) may hold in contempt a witness who, without adequate excuse, disobeys a subpoena issued by a federal court in No party may subpoena a statement of a witness or of a prospective witness under this rule. Rule 26.2 governs the production of the statement.

Rule 55. Records , 55 (2020)

Records The clerk of the district court must keep records of criminal proceedings in the form prescribed by the Director of the Administrative Office of the United States Courts. The clerk must enter in the records every court order or judgment and the date of entry. (As amended Dec. 27, 1948, eff.

Rule 12.2. Notice of an Insanity Defense; Mental Examination , 12.2 (2020)

(b) Notice of Expert Evidence of a Mental Condition. , no testimony by the expert based on the statement, and no other fruits of the statement may be admitted into evidence against the defendant in any criminal Evidence of an intention as to which notice was given under Rule 12.2(a) or (b), later withdrawn, is not, in any civil or criminal proceeding, admissible

Rule 50. Prompt Disposition , 50 (2020)

Prompt Disposition Scheduling preference must be given to criminal proceedings as far as practicable. (As amended Apr. 24, 1972, eff.

Rule 12.4. Disclosure Statement , 12.4 (2020)

a proceeding in a district court must file a statement that identifies any parent corporation and any publicly held corporation that owns 10% or more of If an organization is a victim of the alleged criminal activity, the government must file a statement identifying the victim.

Rule 26.2. Producing a Witness's Statement , 26.2 (2020)

of the witness that is in their possession and that relates to the subject matter of the witness's testimony. This rule applies at trial, at a suppression hearing under Rule 12, and to the extent specified in the following rules: (1) Rule 5.1(h) (preliminary hearing the Rules Governing Proceedings under 28 U.S.C. § 2255.

Rule 32. Sentencing and Judgment , 32 (2020)

offense level and criminal history category; (C) state the resulting sentencing range and kinds of sentences available; (D) identify any factor relevant The presentence report must also contain the following: (A) the defendant's history and characteristics, including: (i) any prior criminal record; ( (2) Criminal Forfeiture. Forfeiture procedures are governed by Rule 32.2. (As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff.

Rule 53. Courtroom Photographing and Broadcasting Prohibited , 53 (2020)

Courtroom Photographing and Broadcasting Prohibited Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.

Rule 18. Place of Prosecution and Trial , 18 (2020)

Place of Prosecution and Trial Unless a statute or these rules permit otherwise, the government must prosecute an offense in a district where the offense The court must set the place of trial within the district with due regard for the convenience of the defendant, any victim, and the witnesses, and the prompt administration of justice.

Rule 26. Taking Testimony , 26 (2020)

Taking Testimony In every trial the testimony of witnesses must be taken in open court, unless otherwise provided by a statute or by rules adopted

Rule 4. Arrest Warrant or Summons on a Complaint , 4 (2020)

At the request of an attorney for the government, the judge must issue a summons, instead of a warrant, to a person authorized to serve it. Any person authorized to serve a summons in a federal civil action may serve a summons. (2) Location. A warrant may be executed, or a summons served, within the jurisdiction of the United States or anywhere else a federal statute authorizes an arrest.

Rule 51. Preserving Claimed Error , 51 (2020)

Exceptions to rulings or orders of the court are unnecessary. (b) Preserving a Claim of Error. A party may preserve a claim of error by informing the court — when the court ruling or order is made or sought — of the action the party wishes the court A ruling or order that admits or excludes evidence is governed by Federal Rule of Evidence 103. (As amended Mar. 9, 1987, eff.

Rule 21. Transfer for Trial , 21 (2020)

the defendant's motion, the court may transfer the proceeding, or one or more counts, against that defendant to another district for the convenience of the parties, any victim, and the witnesses, and in the interest of justice. A motion to transfer may be made at or before arraignment or at any other time the court or these rules prescribe. (As amended Feb. 28, 1966, eff.

Rule 12.1. Notice of an Alibi Defense , 12.1 (2020)

court may: (i) order the government to provide the information in writing to the defendant or the defendant's attorney; or (ii) fashion a reasonable procedure address and telephone number of each additional witness other than a victim — if: (A) the disclosing party learns of the witness before or during trial (2) Address and Telephone Number of an Additional VictimWitness.

Rule 24. Trial Jurors , 24 (2020)

Each side is entitled to the number of peremptory challenges to prospective jurors specified below. (2) Procedure. (A) Alternate jurors must have the same qualifications and be selected and sworn in the same manner as any other juror. Each side is entitled to the number of additional peremptory challenges to prospective alternate jurors specified below.

Rule 20. Transfer for Plea and Sentence , 20 (2020)

contendere and to waive trial in the district where the indictment, information, or complaint is pending, consents in writing to the court's disposing of (c) Effect of a Not Guilty Plea. The defendant's statement that the defendant wished to plead guilty or nolo contendere is not, in any civil or criminal proceeding, admissible against

Rule 7. The Indictment and the Information , 7 (2020)

An offense (other than criminal contempt) must be prosecuted by an indictment if it is punishable: (A) by death; or (B) by imprisonment for more than the nature of the charge and of the defendant's rights — waives prosecution by indictment. For purposes of an indictment referred to in section 3282 of title 18, United States Code, for which the identity of the defendant is unknown, it shall

Rule 46. Release from Custody; Supervising Detention , 46 (2020)

To eliminate unnecessary detention, the court must supervise the detention within the district of any defendants awaiting trial and of any persons held (i) Forfeiture of Property. Rule 26.2(a)-(d) and (f) applies at a detention hearing under 18 U.S.C. § 3142, unless the court for good cause rules otherwise.

Rule 8. Joinder of Offenses or Defendants , 8 (2020)

Joinder of Offenses or Defendants (a) Joinder of Offenses. the same or similar character, or are based on the same act or transaction, or are connected with or constitute parts of a common scheme or plan. (b) Joinder of Defendants.

Rule 13. Joint Trial of Separate Cases , 13 (2020)

Joint Trial of Separate Cases The court may order that separate cases be tried together as though brought in a single indictment or information if

Rule 29. Motion for a Judgment of Acquittal , 29 (2020)

After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal (A) Grant of a Motion for a New Trial. (B) Denial of a Motion for a New Trial.

Rule 40. Arrest for Failing to Appear in Another District or for Violating Conditions of Release Set in Another District , 40 (2020)

Arrest for Failing to Appear in Another District or for Violating Conditions of Release Set in Another District (a) In General. A person must be taken without unnecessary delay before a magistrate judge in the district of arrest if the person has been arrested under a warrant ; or (ii) violating conditions of release set in another district.

Rule 32.1. Revoking or Modifying Probation or Supervised Release , 32.1 (2020)

The judge must inform the person of the following: (A) the alleged violation of probation or supervised release; (B) the person's right to retain counsel probation or of supervised release; and (C) an attorney for the government has received notice of the relief sought, has had a reasonable opportunity (d) Disposition of the Case.

Rule 59. Matters Before a Magistrate Judge , 59 (2020)

A district judge may refer to a magistrate judge for determination any matter that does not dispose of a charge or defense. A record must be made of any evidentiary proceeding and of any other proceeding if the magistrate judge considers it necessary. The magistrate judge must enter on the record a recommendation for disposing of the matter, including any proposed findings of fact.