home *** CD-ROM | disk | FTP | other *** search
-
-
-
-
-
- April 27, 1995
-
-
-
-
-
-
-
-
-
- Dear Mr. President:
-
- By direction of the Supreme Court of the United
- States, I have the honor to submit to the Congress the
- amendments to the Federal Rules of Criminal Procedure
- that have been adopted by the Supreme Court of the
- United States pursuant to Section 2072 of Title 28,
- United States Code. To maintain uniformity between
- revised and unrevised Rules, the Court has edited the
- amendments transmitted to the Supreme Court by the
- Judicial Conference of the United States to use the
- word "shall" in a consistent manner.
-
- The rules are accompanied by an excerpt from the
- report of the Judicial Conference of the United States'
- Committee on Rules of Practice and Procedure and that
- Committee's Advisory Committee Notes. In order to
- minimize confusion, a footnote noting the changes made
- by the Supreme Court has been added to the marked-up
- version of the proposed amendments that accompanies the
- Advisory Committee Notes.
-
- Sincerely,
-
-
-
-
-
-
- Honorable Al Gore
- President, United States Senate
- Washington, D.C. 20510
-
-
-
-
-
-
- April 27, 1995
-
-
-
-
-
-
-
-
-
- Dear Mr. Speaker:
-
- By direction of the Supreme Court of the United
- States, I have the honor to submit to the Congress the
- amendments to the Federal Rules of Criminal Procedure
- that have been adopted by the Supreme Court of the
- United States pursuant to Section 2072 of Title 28,
- United States Code. To maintain uniformity between
- revised and unrevised Rules, the Court has edited the
- amendments transmitted to the Supreme Court by the
- Judicial Conference of the United States to use the
- word "shall" in a consistent manner.
-
- The rules are accompanied by an excerpt from the
- report of the Judicial Conference of the United States'
- Committee on Rules of Practice and Procedure and that
- Committee's Advisory Committee Notes. In order to
- minimize confusion, a footnote noting the changes made
- by the Supreme Court has been added to the marked-up
- version of the proposed amendments that accompanies the
- Advisory Committee Notes.
-
- Sincerely,
-
-
-
-
-
-
- Honorable Newt Gingrich
- Speaker of the House of Representatives
- Washington, D.C. 20515
-
-
- SUPREME COURT OF THE UNITED STATES
-
- Thursday, April 27, 1995
-
-
-
-
-
-
-
-
-
-
- ORDERED:
-
- 1.That the Federal Rules of Criminal Procedure
- for the United States District Courts be, and they
- hereby are, amended by including therein amendments to
- Criminal Rules 5, 40, 43, 49, and 57.
-
- [See infra., pp. .]
-
- 2.That the foregoing amendments to the Federal
- Rules of Criminal Procedure shall take effect on
- December 1, 1995, and shall govern all proceedings in
- criminal cases thereafter commenced and, insofar as
- just and practicable, all proceedings in criminal cases
- then pending.
-
- 3.That THE CHIEF JUSTICE be, and hereby is,
- authorized to transmit to the Congress the foregoing
- amendments to the Federal Rules of Criminal Procedure
- in accordance with the provisions of Section 2072 of
- Title 28, United States Code.
-
-
-
-
-
-
-
- PROPOSED AMENDMENTS
- TO THE
- FEDERAL RULES OF CRIMINAL PROCEDURE
-
- Rule 5. Initial Appearance Before the Magistrate Judge
-
- (a) IN GENERAL. Except as otherwise provided in this
- rule, an officer making an arrest under a warrant issued upon a
- complaint or any person making an arrest without a warrant shall
- take the arrested person without unnecessary delay before the
- nearest available federal magistrate judge or, if a federal magistrate
- judge is not reasonably available, before a state or local judicial
- officer authorized by 18 U.S.C. 3041. If a person arrested
- without a warrant is brought before a magistrate judge, a
- complaint, satisfying the probable cause requirements of Rule 4(a),
- shall be promptly filed. When a person, arrested with or without
- a warrant or given a summons, appears initially before the
- magistrate judge, the magistrate judge shall proceed in accordance
- with the applicable subdivisions of this rule. An officer making an
- arrest under a warrant issued upon a complaint charging solely a
- violation of 18 U.S.C. 1073 need not comply with this rule if the
- person arrested is transferred without unnecessary delay to the
- custody of appropriate state or local authorities in the district of
- arrest and an attorney for the government moves promptly, in the
- district in which the warrant was issued, to dismiss the complaint.
- * * * * *
- Rule 40. Commitment to Another District
- (a) APPEARANCE BEFORE FEDERAL MAGISTRATE
- JUDGE. If a person is arrested in a district other than that in
- which the offense is alleged to have been committed, that person
- shall be taken without unnecessary delay before the nearest
- available federal magistrate judge, in accordance with the
- provisions of Rule 5. Preliminary proceedings concerning the
- defendant shall be conducted in accordance with Rules 5 and 5.1,
- except that if no preliminary examination is held because an
- indictment has been returned or an information filed or because the
- defendant elects to have the preliminary examination conducted in
- the district in which the prosecution is pending, the person shall be
- held to answer upon a finding that such person is the person named
- in the indictment, information or warrant. If held to answer, the
- defendant shall be held to answer in the district court in which the
- prosecution is pending -- provided that a warrant is issued in that
- district if the arrest was made without a warrant -- upon production
- of the warrant or a certified copy thereof. The warrant or certified
- copy may be produced by facsimile transmission.
- * * * * *
- Rule 43. Presence of the Defendant
- (a) PRESENCE REQUIRED. The defendant shall be present
- at the arraignment, at the time of the plea, at every stage of the
- trial including the impaneling of the jury and the
- return of the verdict, and at the imposition of sentence, except as
- otherwise provided by this rule.
- (b) CONTINUED PRESENCE NOT REQUIRED. The
- further progress of the trial to and including the return of the
- verdict, and the imposition of sentence, will not be prevented and
- the defendant will be considered to have waived the right to be
- present whenever a defendant, initially present at trial, or having
- pleaded guilty or nolo contendere,
- (1) is voluntarily absent after the trial has
- commenced (whether or not the defendant has been
- informed by the court of the obligation to remain during the
- trial),
- (2) in a noncapital case, is voluntarily absent at the
- imposition of sentence, or
- (3) after being warned by the court that disruptive
- conduct will cause the removal of the defendant from the
- courtroom, persists in conduct which is such as to justify
- exclusion from the courtroom.
- (c) PRESENCE NOT REQUIRED. A defendant need not be
- present:
- (1) when represented by counsel and the defendant
-
- is an organization, as defined in 18 U.S.C. 18;
- (2) when the offense is punishable by fine or by
- imprisonment for not more than one year or both, and the
- court, with the written consent of the defendant, permits
- arraignment, plea, trial, and imposition of sentence in the
- defendant's absence;
- (3) when the proceeding involves only a conference
- or hearing upon a question of law; or
- (4) when the proceeding involves a correction of
- sentence under Rule 35.
-
-
- Rule 49. Service and Filing of Papers
- * * * * *
- [(e) FILING OF DANGEROUS OFFENDER NOTICE.]
- (Abrogated April 27, 1995, eff. December 1, 1995.)
- Rule 57. Rules by District Courts
- (a) IN GENERAL.
- (1) Each district court acting by a majority of its
- district judges may, after giving appropriate public notice and an
- opportunity to comment, make and amend rules governing its
- practice. A local rule shall be consistent with -- but not duplicative
- of -- Acts of Congress and rules adopted under 28 U.S.C. 2072
- and shall conform to any uniform numbering system prescribed by
- the Judicial Conference of the United States.
- (2) A local rule imposing a requirement of form
- shall not be enforced in a manner that causes a party to lose
-
- rights because of a nonwillful failure to comply with the
- requirement.
- (b) PROCEDURE WHEN THERE IS NO
- CONTROLLING LAW. A judge may regulate practice in any
- manner consistent with federal law, these rules, and 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 unless the alleged violator has been
- furnished in the particular case with actual notice of the
- requirement.
- (c) EFFECTIVE DATE AND NOTICE. A local rule so
- adopted shall take effect upon the date specified by the district
- court and shall remain in effect unless amended by the district
- court or abrogated by the judicial council of the circuit in which
- the district is located. Copies of the rules and amendments so
- made by any district court shall upon their promulgation be
- furnished to the judicial council and the Administrative Office of
- the United States Courts and shall be made available to the public.
-