Table of Contents
Foreword 5
About the Legal Information Institute 6
Keep This E-book Free: Donate 6
About CALI eLangdell Press 7
Copyright and Disclaimer Notices 8
Federal Rules of Criminal Procedure 9
TITLE I. APPLICABILITY 10
Rule 1. Scope; Definitions 10
Rule 2. Interpretation 14
TITLE II. PRELIMINARY PROCEEDINGS 16
Rule 3. The Complaint 16
Rule 4. Arrest Warrant or Summons on a Complaint 17
Rule 4.1 Complaint, Warrant, or Summons by Telephone or Other Reliable Electronic Means 25
Rule 5. Initial Appearance 27
Rule 5.1 Preliminary Hearing 37
TITLE III. THE GRAND JURY, THE INDICTMENT, AND THE INFORMATION 44
Rule 6. The Grand Jury 44
Rule 7. The Indictment and the Information 68
Rule 8. Joinder of Offenses or Defendants 73
Rule 9. Arrest Warrant or Summons on an Indictment or Information 74
TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL 79
Rule 10. Arraignment 79
Rule 11. Pleas (effective December 1, 2013) 82
Rule 12. Pleadings and Pretrial Motions 114
Rule 12.1 Notice of an Alibi Defense 125
Rule 12.2 Notice of an Insanity Defense; Mental Examination 130
Rule 12.3 Notice of a Public-Authority Defense 141
Rule 12.4 Disclosure Statement 143
Rule 13. Joint Trial of Separate Cases 145
Rule 14. Relief from Prejudicial Joinder 145
Rule 15. Depositions 146
Rule 16. Discovery and Inspection (effective December 1, 2013) 155
Rule 17. Subpoena 179
Rule 17.1 Pretrial Conference 184
TITLE V. VENUE 186
Rule 18. Place of Prosecution and Trial 186
Rule 19. [Reserved] 190
Rule 20. Transfer for Plea and Sentence 190
Rule 21. Transfer for Trial 194
Rule 22. [Transferred] 196
TITLE VI. TRIAL 197
Rule 23. Jury or Nonjury Trial 197
Rule 24. Trial Jurors 201
Rule 25. Judge's Disability 204
Rule 26. Taking Testimony 206
Rule 26.1 Foreign Law Determination 207
Rule 26.2 Producing a Witness's Statement 209
Rule 26.3 Mistrial 213
Rule 27. Proving an Official Record 213
Rule 28. Interpreters 216
Rule 29. Motion for a Judgment of Acquittal 217
Rule 29.1 Closing Argument 221
Rule 30. Jury Instructions 222
Rule 31. Jury Verdict 224
TITLE VII. POST-CONVICTION PROCEDURES 227
Rule 32. Sentencing and Judgment 227
Rule 32.1 Revoking or Modifying Probation or Supervised Release 255
Rule 32.2 Criminal Forfeiture 263
Rule 33. New Trial 276
Rule 34. Arresting Judgment 279
Rule 35. Correcting or Reducing a Sentence 281
Rule 36. Clerical Error 291
Rule 37. Indicative Ruling on a Motion for Relief That Is Barred by a Pending Appeal 291
Rule 38. Staying a Sentence or a Disability 293
Rule 39. [Reserved] 297
TITLE VIII. SUPPLEMENTARY AND SPECIAL PROCEEDINGS 298
Rule 40. Arrest for Failing to Appear in Another District or for Violating Conditions of Release Set in Another District 298
Rule 41. Search and Seizure 307
Rule 42. Criminal Contempt 331
TITLE IX. GENERAL PROVISIONS 335
Rule 43. Defendant's Presence 335
Rule 49. Serving and Filing Papers 340
Rule 44. Right to and Appointment of Counsel 343
Rule 45. Computing and Extending Time 350
Rule 46. Release from Custody; Supervising Detention 359
Rule 47. Motions and Supporting Affidavits 364
Rule 48. Dismissal 365
Rule 49.1 Privacy Protection For Filings Made with the Court 367
Rule 50. Prompt Disposition 370
Rule 51. Preserving Claimed Error 373
Rule 52. Harmless and Plain Error 374
Rule 53. Courtroom Photographing and Broadcasting Prohibited 375
Rule 54. [Transferred] 1 376
Rule 55. Records 376
Rule 56. When Court Is Open 377
Rule 57. District Court Rules 379
Rule 58. Petty Offenses and Other Misdemeanors 381
Rule 59. Matters Before a Magistrate Judge 388
Rule 60. Victim's Rights 390
Rule 61. Title 392
Foreword
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About the Legal Information Institute
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Copyright and Disclaimer Notices
This publication contains the Federal Rules of Civil Procedure as amended to December 1, 2014. These materials have been complied by the Legal Information Institute at the Cornell Law School (LII) and published by the Center for Computer-Assisted Legal Information (CALI). This material does not contain, nor is it intended to be, legal advice. Users seeking legal advice should consult with a licensed attorney in their jurisdiction. The editors have endeavored to provide complete and accurate information in this book. However, neither LII nor CALI warrant that the information provided is complete and accurate. Both disclaim all liability to any person for any loss caused by errors or omissions in this collection of information.
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Federal Rules of Criminal Procedure
(As amended to December 1, 2014)
Historical Note
The original Federal Rules of Criminal Procedure were adopted by order of the Supreme Court on Dec. 26, 1944, transmitted to Congress by the Attorney General on Jan. 3, 1945, and became effective on Mar. 21, 1946.
The Rules have been amended Dec. 27, 1948, eff. Jan. 1, 1949; Dec. 27, 1948, eff. Oct. 20, 1949; Apr. 12, 1954, eff. July 1, 1954; Apr. 9, 1956, eff. July 8, 1956; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; Apr. 24, 1972, eff. Oct. 1, 1972; Nov. 20, 1972, eff. July 1, 1975, pursuant to Pub. L. 93–595; Mar. 18, 1974, eff. July 1, 1974; Apr. 22, 1974, eff. in part Aug. 1, 1975, and Dec. 1, 1975, pursuant to Pub. L. 93–361 and Pub. L. 94–64; Dec. 12, 1975, Pub. L. 94–149, §5, 89 Stat. 806; Apr. 26, 1976, eff. in part Aug. 1, 1976, and Oct. 1, 1977, pursuant to Pub. L. 94–349 and Pub. L. 95–78; Apr. 30, 1979, eff. in part Aug. 1, 1979, and Dec. 1, 1980, pursuant to Pub. L. 96–42; Apr. 28, 1982, eff. Aug. 1, 1982; Oct. 12, 1982, Pub. L. 97–291, §3, 96 Stat. 1249; Apr. 28, 1983, eff. Aug. 1, 1983; Oct. 12, 1984, Pub. L. 98–473, title II, §§209, 215, 404, 98 Stat. 1986, 2014, 2067; Oct. 30, 1984, Pub. L. 98–596, §11(a), (b), 98 Stat. 3138; Apr. 29, 1985, eff. Aug. 1, 1985; Oct. 27, 1986, Pub. L. 99–570, title I, §1009(a), 100 Stat. 3207–8; Nov. 10, 1986, Pub. L. 99–646, §§12(b), 24, 25(a), 54(a), 100 Stat. 3594, 3597, 3607; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 25, 1988, eff. Aug. 1, 1988; Nov. 18, 1988, Pub. L. 100–690, title VI, §6483, title VII, §§7076, 7089(c), 102 Stat. 4382, 4406, 4409; Apr. 25, 1989, eff. Dec. 1, 1989; May 1, 1990, eff. Dec. 1, 1990; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 1994, eff. Dec. 1, 1994; Sept. 13, 1994, Pub. L. 103–322, title XXIII, §230101(b), title XXXIII, §330003(h), 108 Stat. 2078, 2141; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 24, 1996, Pub. L. 104–132, title II, §207(a), 110 Stat. 1236; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 17, 2000, eff. Dec. 1, 2000; Oct. 26, 2001, Pub. L. 107–56, title II, §§203(a), 219, 115 Stat. 278, 291; Apr. 29, 2002, eff. Dec. 1, 2002; Nov. 2, 2002, Pub. L. 107–273, div. C, title I, §11019(b), 116 Stat. 1825; Nov. 25, 2002, Pub. L. 107–296, title VIII, §895, 116 Stat. 2256; Apr. 30, 2003, Pub. L. 108–21, title VI, §610(b), 117 Stat. 692; Apr. 26, 2004, eff. Dec. 1, 2004; Pub. L. 108–458, title VI, §6501(a), Dec. 17, 2004, 118 Stat. 3760; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 25, 2013, eff. Dec. 1, 2014.
TITLE I. APPLICABILITY
Rule 1. Scope; Definitions
(a) Scope.
(1) In General. These rules govern the procedure in all criminal proceedings in the United States district courts, the United States courts of appeals, and the Supreme Court of the United States.
(2) State or Local Judicial Officer. When a rule so states, it applies to a proceeding before a state or local judicial officer.
(3) Territorial Courts. 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 the Northern Mariana Islands, except as otherwise provided by law; and
(C) the district court of the Virgin Islands, except that the prosecution of offenses in that court must be by indictment or information as otherwise provided by law.
(4) Removed Proceedings. Although these rules govern all proceedings after removal from a state court, state law governs a dismissal by the prosecution.
(5) Excluded Proceedings. Proceedings not governed by these rules include: