
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.
Foreword III
Authority for promulgation of rules V
Historical note VII
RULES Title I. Applicability
Rule 1. Scope; Definitions 1
Rule 2. Interpretation 2
Title II. Preliminary Proceedings
Rule 3. The Complaint 2
Rule 4. Arrest Warrant or Summons on a Complaint 3
Rule 4.1. Complaint, Warrant, or Summons by Telephone or Other Reliable Electronic Means 4
Rule 5. Initial Appearance 6
Rule 5.1. Preliminary Hearing 8
Title III. The Grand Jury, the Indictment, and the Information
Rule 6. The Grand Jury 9
Rule 7. The Indictment and the Information 14
Rule 8. Joinder of Offenses or Defendants 15
Rule 9. Arrest Warrant or Summons on an Indictment or Information 15
Title IV. Arraignment and Preparation for Trial
Rule 10. Arraignment . 16
Rule 11. Pleas 16
Rule 12. Pleadings and Pretrial Motions 19
Rule 12.1. Notice of an Alibi Defense 20
Rule 12.2. Notice of an Insanity Defense; Mental Examination 22
Rule 12.3. Notice of a Public-Authority Defense 23
Rule 12.4. Disclosure Statement 25
Rule 13. Joint Trial of Separate Cases 25
Rule 14. Relief from Prejudicial Joinder 26
Rule 15. Depositions 26
Rule 16. Discovery and Inspection 28
Rule 16.1. Pretrial Discovery Conference; Request for Court Action 31
Rule 17. Subpoena 31
Rule 17.1. Pretrial Conference 32
Title V. Venue
Rule 18. Place of Prosecution and Trial 33
Rule 19. (Reserved)
Rule 20. Transfer for Plea and Sentence 33
Rule 21. Transfer for Trial 34
Rule 22. (Transferred)
Title VI. Trial
Rule 23. Jury or Nonjury Trial 34
Rule 24. Trial Jurors 35
Rule 25. Judge’s Disability 36
Rule 26. Taking Testimony 36
Rule 26.1. Foreign Law Determination 36
Rule 26.2. Producing a Witness’s Statement 37
Rule 26.3. Mistrial 37
Rule 27. Proving an Official Record 38
Rule 28. Interpreters 38
Rule 29. Motion for a Judgment of Acquittal 38
Rule 29.1. Closing Argument 39
Rule 30. Jury Instructions 39
Rule 31. Jury Verdict 39
XVIII CONTENTS
Title VII. Post-Conviction Procedures Page
Rule 32. Sentencing and Judgment 40
Rule 32.1. Revoking or Modifying Probation or Supervised Release 44
Rule 32.2. Criminal Forfeiture 46
Rule 33. New Trial 50
Rule 34. Arresting Judgment 50
Rule 35. Correcting or Reducing a Sentence 50
Rule 36. Clerical Error 51
Rule 37. Indicative Ruling on a Motion for Relief That Is Barred by a Pending Appeal 51
Rule 38. Staying a Sentence or a Disability 51
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 52
Rule 41. Search and Seizure 53
Rule 42. Criminal Contempt 57
Title IX. General Provisions
Rule 43. Defendant’s Presence 58
Rule 44. Right to and Appointment of Counsel 59
Rule 45. Computing and Extending Time 59
Rule 46. Release from Custody; Supervising Detention 61
Rule 47. Motions and Supporting Affidavits 62
Rule 48. Dismissal 63
Rule 49. Serving and Filing Papers 63
Rule 49.1. Privacy Protection For Filings Made with the Court 65
Rule 50. Prompt Disposition 66
Rule 51. Preserving Claimed Error 66
Rule 52. Harmless and Plain Error 66
Rule 53. Courtroom Photographing and Broadcasting Prohibited 66
Rule 54. (Transferred) Rule 55. Records 67
Rule 56. When Court Is Open 67
Rule 57. District Court Rules 67
Rule 58. Petty Offenses and Other Misdemeanors 68
Rule 59. Matters Before a Magistrate Judge 71
Rule 60. Victim’s Rights 72
Rule 61. Title 73
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). Law libraries and public libraries should have a copy of this volume available for their patrons.
Product Details
- Federal Rules of Criminal Procedure
- Appendix to Title 18 United States Code