18 USC App: Front Matter
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18 USC App: Front Matter
From Title 18-AppendixFEDERAL RULES OF CRIMINAL PROCEDURE
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FEDERAL RULES OF CRIMINAL PROCEDURE

(As amended to January 23, 2000)

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; Pub. L. 98–596, §11(a), (b), Oct. 30, 1984, 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.

I. SCOPE, PURPOSE, AND CONSTRUCTION

Rule
1.
Scope.
2.
Purpose and Construction.

        

II. PRELIMINARY PROCEEDINGS

3.
The Complaint.
4.
Arrest Warrant or Summons Upon Complaint.
(a)
Issuance.
(b)
Probable Cause.
(c)
Form.

        

(1)

Warrant.

(2)

Summons.

(d)

Execution or Service; and Return.

(1)

By Whom.

(2)

Territorial Limits.

(3)

Manner.

(4)

Return.

5.
Initial Appearance Before the Magistrate Judge.
(a)
In General.
(b)
Misdemeanors and Other Petty Offenses.
(c)
Offenses Not Triable by the United States Magistrate Judge.
5.1.
Preliminary Examination.
(a)
Probable Cause Finding.
(b)
Discharge of Defendant.
(c)
Records.
(d)
Production of Statements.

        

(1)

In General.

(2)

Sanctions for Failure to Produce Statement.

III. INDICTMENT AND INFORMATION

6.
The Grand Jury.
(a)
Summoning Grand Juries

        

(1)

Generally.

(2)

Alternate Jurors.

(b)

Objections to Grand Jury and to Grand Jurors.

(1)

Challenges.

(2)

Motion To Dismiss.

(c)

Foreperson and Deputy Foreperson.

(d)

Who May Be Present.

(1)

While Grand Jury is in Session.

(2)

During Deliberations and Voting.

(e)

Recording and Disclosure of Proceedings.

(1)

Recording of Proceedings.

(2)

General Rule of Secrecy.

(3)

Exceptions.

(4)

Sealed Indictments.

(5)

Closed Hearing.

(6)

Sealed Records.

(f)

Finding and Return of Indictment.

(g)

Discharge and Excuse.

7.
The Indictment and the Information.
(a)
Use of Indictment or Information.
(b)
Waiver of Indictment.
(c)
Nature and Contents.

        

(1)

In General.

(2)

Criminal Forfeiture.

(3)

Harmless Error.

(d)

Surplusage.

(e)

Amendment of Information.

(f)

Bill of Particulars.

8.
Joinder of Offenses and of Defendants.
(a)
Joinder of Offenses.
(b)
Joinder of Defendants.
9.
Warrant or Summons Upon Indictment or Information.
(a)
Issuance.
(b)
Form.

        

(1)

Warrant.

(2)

Summons.

(c)

Execution or Service; and Return.

(1)

Execution or Service.

(2)

Return.

(d)

Abrogated.

IV. ARRAIGNMENT, AND PREPARATION FOR TRIAL

10.
Arraignment.
11.
Pleas.
(a)
Alternatives.

        

(1)

In General.

(2)

Conditional Pleas.

(b)

Nolo Contendere.

(c)

Advice to Defendant.

(d)

Insuring That the Plea Is Voluntary.

(e)

Plea Agreement Procedure.

(1)

In General.

(2)

Notice of Such Agreement.

(3)

Acceptance of a Plea Agreement.

(4)

Rejection of a Plea Agreement.

(5)

Time of Plea Agreement Procedure.

(6)

Inadmissibility of Pleas, Plea Discussions, and Related Statements.

(f)

Determining Accuracy of Plea.

(g)

Record of Proceedings.

(h)

Harmless Error.

12.
Pleadings and Motions Before Trial; Defenses and Objections.
(a)
Pleadings and Motions.
(b)
Pretrial Motions.
(c)
Motion Date.
(d)
Notice by the Government of the Intention To Use Evidence.

        

(1)

At the Discretion of the Government.

(2)

At the Request of the Defendant.

(e)

Ruling on Motion.

(f)

Effect of Failure To Raise Defenses or Objections.

(g)

Records.

(h)

Effect of Determination.

(i)

Production of Statements at Suppression Hearing.

12.1.
Notice of Alibi.
(a)
Notice by Defendant.
(b)
Disclosure of Information and Witness.
(c)
Continuing Duty To Disclose.
(d)
Failure To Comply.
(e)
Exceptions.
(f)
Inadmissibility of Withdrawn Alibi.
12.2.
Notice of Insanity Defense or Expert Testimony of Defendant's Mental Condition.
(a)
Defense of Insanity.
(b)
Expert Testimony of Defendant's Mental Condition.
(c)
Mental Examination of Defendant.
(d)
Failure To Comply.
(e)
Inadmissibility of Withdrawn Intention.
12.3
Notice of Defense Based Upon Public Authority.
(a)
Notice by Defendant; Government Response; Disclosure of Witnesses.

        

(1)

Defendant's Notice and Government's Response.

(2)

Disclosure of Witnesses.

(3)

Additional Time.

(b)

Continuing Duty to Disclose.

(c)

Failure to Comply.

(d)

Protective Procedures Unaffected.

(e)

Inadmissibility of Withdrawn Defense Based Upon Public Authority.

13.
Trial Together of Indictments or Informations.
14.
Relief From Prejudicial Joinder.
15.
Depositions.
(a)
When Taken.
(b)
Notice of Taking.
(c)
Payment of Expenses.
(d)
How Taken.
(e)
Use.
(f)
Objections to Deposition Testimony.
(g)
Deposition by Agreement Not Precluded.
16.
Discovery and Inspection.
(a)
Governmental Disclosure of Evidence.

        

(1)

Information Subject to Disclosure.

(A)

Statement of Defendant.

(B)

Defendant's Prior Record.

(C)

Documents and Tangible Objects.

(D)

Reports of Examinations and Tests.

(E)

Expert Witnesses.

(2)

Information Not Subject to Disclosure.

(3)

Grand Jury Transcripts.

(4)

Deleted.

(b)

The Defendant's Disclosure of Evidence.

(1)

Information Subject to Disclosure.

(A)

Documents and Tangible Objects.

(B)

Reports of Examinations and Tests.

(C)

Expert Witnesses.

(2)

Information Not Subject to Disclosure.

(3)

Deleted.

(c)

Continuing Duty To Disclose.

(d)

Regulation of Discovery.

(1)

Protective and Modifying Orders.

(2)

Failure To Comply With a Request.

(e)

Alibi Witnesses.

17.
Subpoena.
(a)
For Attendance of Witnesses; Form; Issuance.
(b)
Defendants Unable to Pay.
(c)
For Production of Documentary Evidence and of Objects.
(d)
Service.
(e)
Place of Service.

        

(1)

In United States.

(2)

Abroad.

(f)

For Taking Deposition; Place of Examination.

(1)

Issuance.

(2)

Place.

(g)

Contempt.

(h)

Information Not Subject to Subpoena.

17.1.
Pretrial Conference.

        

V. VENUE

18.
Place of Prosecution and Trial.
19.
Rescinded.
20.
Transfer from the District for Plea and Sentence.
(a)
Indictment or Information Pending.
(b)
Indictment or Information Not Pending.
(c)
Effect of Not Guilty Plea.
(d)
Juveniles.
21.
Transfer from the District for Trial.
(a)
For Prejudice in the District.
(b)
Transfer in Other Cases.
(c)
Proceedings on Transfer.
22.
Time of Motion To Transfer.

        

VI. TRIAL

23.
Trial by Jury or by the Court.
(a)
Trial by Jury.
(b)
Jury of Less Than Twelve.
(c)
Trial Without a Jury.
24.
Trial Jurors.
(a)
Examination.
(b)
Peremptory Challenges.
(c)
Alternate Jurors.

        

(1)

In General.

(2)

Peremptory Challenges.

(3)

Retention of Alternate Jurors.

25.
Judge; Disability.
(a)
During Trial.
(b)
After Verdict or Finding of Guilt.
26.
Taking of Testimony.
26.1.
Determination of Foreign Law.
26.2.
Production of Witness Statements.
(a)
Motion for Production.
(b)
Production of Entire Statement.
(c)
Production of Excised Statement.
(d)
Recess for Examination of Statement.
(e)
Sanction for Failure to Produce Statement.
(f)
Definition.
(g)
Scope of Rule.
26.3
Mistrial.
27.
Proof of Official Record.
28.
Interpreters.
29.
Motion for Judgment of Acquittal.
(a)
Motion Before Submission to Jury.
(b)
Reservation of Decision on Motion.
(c)
Motion After Discharge of Jury.
(d)
Same: Conditional Ruling on Grant of Motion.
29.1.
Closing Argument.
30.
Instructions.
31.
Verdict.
(a)
Return.
(b)
Several Defendants.
(c)
Conviction of Less Offense.
(d)
Poll of Jury.
(e)
Criminal Forfeiture.

        

VII. JUDGMENT

32.
Sentence and Judgment.
(a)
In General; Time for Sentencing.
(b)
Presentence Investigation and Report.

        

(1)

When Made.

(2)

Presence of Counsel.

(3)

Nondisclosure.

(4)

Contents of the Presentence Report.

(5)

Exclusions.

(6)

Disclosure and Objections.

(c)

Sentence.

(1)

Sentencing Hearing.

(2)

Production of Statements at Sentencing Hearing.

(3)

Imposition of Sentence.

(4)

In Camera Proceedings.

(5)

Notification of Right to Appeal.

(d)

Judgment.

(1)

In General.

(2)

Criminal Forfeiture.

(e)

Plea Withdrawal.

(f)

Definitions.

32.1.
Revocation or Modification of Probation or Supervised Release.
(a)
Revocation of Probation or Supervised Release.

        

(1)

Preliminary Hearing.

(2)

Revocation Hearing.

(b)

Modification of Probation or Supervised Release.

(c)

Production of Statements.

(1)

In General.

(2)

Sanctions for Failure to Produce Statement.

33.
New Trial.
34.
Arrest of Judgment.
35.
Correction or Reduction of Sentence.
(a)
Correction of a Sentence on Remand.
(b)
Reduction of Sentence for Substantial Assistance.
(c)
Correction of Sentence by Sentencing Court.
36.
Clerical Mistakes.

        

VIII. APPEAL (Abrogated)

37.
Abrogated.
38.
Stay of Execution, and Relief Pending Review.
(a)
Death.
(b)
Imprisonment.
(c)
Fine.
(d)
Probation.
(e)
Criminal Forfeiture, Notice to Victims, and Restitution.
(f)
Disabilities.
39.
Abrogated.

        

IX. SUPPLEMENTARY AND SPECIAL PROCEEDINGS

40.
Commitment to Another District.
(a)
Appearance Before Federal Magistrate Judge.
(b)
Statement by Federal Magistrate Judge.
(c)
Papers.
(d)
Arrest of Probationer or Supervised Releasee.
(e)
Arrest for Failure To Appear.
(f)
Release or Detention.
41.
Search and Seizure.
(a)
Authority To Issue Warrant.
(b)
Property or Persons Which May Be Seized With a Warrant.
(c)
Issuance and Contents.

        

(1)

Warrant Upon Affidavit.

(2)

Warrant Upon Oral Testimony.

(A)

General Rule.

(B)

Application.

(C)

Issuance.

(D)

Recording and Certification of Testimony.

(E)

Contents.

(F)

Additional Rule for Execution.

(G)

Motion To Suppress Precluded.

(d)

Execution and Return With Inventory.

(e)

Motion for Return of Property.

(f)

Motion To Suppress.

(g)

Return of Papers to Clerk.

(h)

Scope and Definition.

42.
Criminal Contempt.
(a)
Summary Disposition.
(b)
Disposition Upon Notice and Hearing.

        

X. GENERAL PROVISIONS

43.
Presence of the Defendant.
(a)
Presence Required.
(b)
Continued Presence Not Required.
(c)
Presence Not Required.
44.
Right to and Assignment of Counsel.
(a)
Right to Assigned Counsel.
(b)
Assignment Procedure.
(c)
Joint Representation.
45.
Time.
(a)
Computation.
(b)
Enlargement.
(c)
Rescinded.
(d)
For Motions; Affidavits.
(e)
Additional Time After Service by Mail.
46.
Release From Custody.
(a)
Release Prior to Trial.
(b)
Release During Trial.
(c)
Pending Sentence and Notice of Appeal.
(d)
Justification of Sureties.
(e)
Forfeiture.

        

(1)

Declaration.

(2)

Setting aside.

(3)

Enforcement.

(4)

Remission.

(f)

Exoneration.

(g)

Supervision of Detention Pending Trial.

(h)

Forfeiture of Property.

(i)

Production of Statements.

(1)

In General.

(2)

Sanctions for Failure to Produce Statement.

47.
Motions.
48.
Dismissal.
(a)
By Attorney for Government.
(b)
By Court.
49.
Service and Filing of Papers.
(a)
Service: When Required.
(b)
Service: How Made.
(c)
Notice of Orders.
(d)
Filing.
(e)
Abrogated.
50.
Calendars; Plans for Prompt Disposition.
(a)
Calendars.
(b)
Plans for Achieving Prompt Disposition of Criminal Cases.
51.
Exceptions Unnecessary.
52.
Harmless Error and Plain Error.
(a)
Harmless Error.
(b)
Plain Error.
53.
Regulation of Conduct in the Court Room.
54.
Application and Exception.
(a)
Courts.
(b)
Proceedings.

        

(1)

Removed Proceedings.

(2)

Offenses Outside a District or State.

(3)

Peace Bonds.

(4)

Proceedings Before United States Magistrate Judges.

(5)

Other Proceedings.

(c)

Application of Terms.

55.
Records.
56.
Courts and Clerks.
57.
Rules by District Courts.
(a)
In General.
(b)
Procedure When There Is No Controlling Law.
(c)
Effective Date and Notice.
58.
Procedure for Misdemeanors and Other Petty Offenses.
(a)
Scope.

        

(1)

In General.

(2)

Applicability of Other Federal Rules of Criminal Procedure.

(3)

Definition.

(b)

Pretrial Procedures.

(1)

Trial Document.

(2)

Initial Appearance.

(3)

Consent and Arraignment.

(A)

Plea Before a United States Magistrate Judge.

(B)

Failure to Consent.

(c)

Additional Procedures Applicable Only to Petty Offenses for Which No Sentence of Imprisonment Will Be Imposed.

(1)

Plea of Guilty or Nolo Contendere.

(2)

Waiver of Venue for Plea and Sentence.

(3)

Sentence.

(4)

Notification of Right to Appeal.

(d)

Securing the Defendant's Appearance; Payment in Lieu of Appearance.

(1)

Forfeiture of Collateral.

(2)

Notice To Appear.

(3)

Summons or Warrant.

(e)

Record.

(f)

New Trial.

(g)

Appeal.

(1)

Decision, Order, Judgment or Sentence by a District Judge.

(2)

Decision, Order, Judgment or Sentence by a United States Magistrate Judge.

(A)

Interlocutory Appeal.

(B)

Appeal From Conviction or Sentence.

(C)

Record.

(D)

Scope of Appeal.

(3)

Stay of Execution; Release Pending Appeal.

59.
Effective Date.
60.
Title.

        

APPENDIX OF FORMS (Abrogated)