Federal Rules of Criminal Procedure, December 1, 2015

Federal Rules of Criminal Procedure, December 1, 2015
Federal Rules of Criminal Procedure, December 1, 2015
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These rules govern the procedure in all criminal proceedings in the United States district courts, the United States court of appeals, and the Supreme Court of the United States. This booklet also covers the arrest warrant or summons on a complaint proceedings and proper forms, plus appearances upon arrest, consulting with counsel, subpoenas, detention release, procedures in a misdemeanor case, video teleconferencing, preliminary hearings, including scheduling and more.  Additionally, the Court of Clerk’s duties, trial proceedings, process for introducing evidence, court determinations, arraignments, notice of possible departure from Sentencing Guidelines, and defendant’s right to appeal are also covered.


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Table of Contents


Authority for promulgation of rules
Historical note
Title I. Applicability
Rule 1. Scope; Definitions
Rule 2. Interpretation Title II. Preliminary Proceedings
Rule 3. The Complaint
Rule 4. Arrest Warrant or Summons on a Complaint
Rule 4.1. Complaint, Warrant, or Summons by Telephone or Other Reliable
Electronic Means
Rule 5. Initial Appearance
Rule 5.1. Preliminary Hearing
Title III. The Grand Jury, the Indictment, and the Information
Rule 6. The Grand Jury
Rule 7. The Indictment and the Information
Rule 8. Joinder of Offenses or Defendants
Rule 9. Arrest Warrant or Summons on an Indictment or Information
Title IV. Arraignment and Preparation for Trial
Rule 10. Arraignment
Rule 11. Pleas
Rule 12. Pleadings and Pretrial Motions
Rule 12.1. Notice of an Alibi Defense
Rule 12.2. Notice of an Insanity Defense; Mental Examination
Rule 12.3. Notice of a Public-Authority Defense
Rule 12.4. Disclosure Statement
Rule 13. Joint Trial of Separate Cases
Rule 14. Relief from Prejudicial Joinder
Rule 15. Depositions
Rule 16. Discovery and Inspection
Rule 17. Subpoena
Rule 17.1. Pretrial Conference
Title V. Venue
Rule 18. Place of Prosecution and Trial
Rule 19. (Reserved)
Rule 20. Transfer for Plea and Sentence
Rule 21. Transfer for Trial
Rule 22. (Transferred)
Title VI. Trial
Rule 23. Jury or Nonjury Trial
Rule 24. Trial Jurors
Rule 25. Judge’s Disability
Rule 26. Taking Testimony
Rule 26.1. Foreign Law Determination
Rule 26.2. Producing a Witness’s Statement
Rule 26.3. Mistrial
Rule 27. Proving an Official Record
Rule 28. Interpreters
Rule 29. Motion for a Judgment of Acquittal
Rule 29.1. Closing Argument
Rule 30. Jury Instructions
Rule 31. Jury Verdict
Title VII. Post-Conviction Procedures
Rule 32. Sentencing and Judgment
Rule 32.1. Revoking or Modifying Probation or Supervised Release
Rule 32.2. Criminal Forfeiture
Rule 33. New Trial
Rule 34. Arresting Judgment
Rule 35. Correcting or Reducing a Sentence
Rule 36. Clerical Error
Rule 37. Indicative Ruling on a Motion for Relief That Is Barred by a
Pending Appeal
Rule 38. Staying a Sentence or a Disability
Rule 39. (Reserved)
Title VIII. Supplementary and Special Proceedings
Rule 40. Arrest for Failing to Appear in Another District or for Violating
Conditions of Release Set in Another District
Rule 41. Search and Seizure
Rule 42. Criminal Contempt
Title IX. General Provisions
Rule 43. Defendant’s Presence
Rule 44. Right to and Appointment of Counsel
Rule 45. Computing and Extending Time
Rule 46. Release from Custody; Supervising Detention
Rule 47. Motions and Supporting Affidavits
Rule 48. Dismissal
Rule 49. Serving and Filing Papers
Rule 49.1. Privacy Protection For Filings Made with the Court
Rule 50. Prompt Disposition
Rule 51. Preserving Claimed Error
Rule 52. Harmless and Plain Error
Rule 53. Courtroom Photographing and Broadcasting Prohibited
Rule 54. (Transferred)
Rule 55. Records
Rule 56. When Court Is Open
Rule 57. District Court Rules
Rule 58. Petty Offenses and Other Misdemeanors
Rule 59. Matters Before a Magistrate Judge
Rule 60. Victim’s Rights
Rule 61. Title


Attorneys, paralegals, law enforcement, court clerks, prosecutors, defendants, judges, and others involved with the U.S. Court system in relation to criminal cases may be interested in this booklet.  Additionally, students pursuing criminal justice, or law degrees may be interested in these rules as they may impact their career choice(s).  Lastly, all law libraries and public libraries should have a copy of this volume available for their patrons.

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House, Committee on the Judiciary
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  • Criminal Procedure
  • Committee Print No. 4
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