Federal Rules of Criminal Procedure (con't Rule 23 to 61)

TITLE VI. TRIAL 

Rule 23. Jury or Nonjury Trial 
(a) Jury Trial.  If the defendant is entitled to a jury trial, the 
trial must be by jury unless: 
(1) the defendant waives a jury trial in writing; 
(2) the government consents; and 
(3) the court approves. 
(b) Jury Size. 
(1)  In General.  A jury consists of 12 persons unless this rule 
provides otherwise. 
(2)  Stipulation for a Smaller Jury.  At any time before the 
verdict, the parties may, with the court’s approval, stipulate 
in writing that: 
(A) the jury may consist of fewer than 12 persons; or 
(B) a jury of fewer than 12 persons may return a verdict 
if the court finds it necessary to excuse a juror for good 
cause after the trial begins. 
to deliberate, the court may permit a jury of 11 persons to return a verdict, even without a stipulation by the parties, if the 
court finds good cause to excuse a juror. 
(c) Nonjury Trial. In a case tried without a jury, the court must 
find the defendant guilty or not guilty. If a party requests before 
the finding of guilty or not guilty, the court must state its specific findings of fact in open court or in a written decision or opinion. 
(As amended Feb. 28, 1966, eff. July 1, 1966; July 30, 1977, eff. Oct. 
1, 1977; Apr. 28, 1983, eff. Aug. 1, 1983; Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 24. Trial Jurors 
(a) Examination. 
(1) In General. The court may examine prospective jurors or 
may permit the attorneys for the parties to do so. 
(2)  Court Examination.  If the court examines the jurors, it 
must permit the attorneys for the parties to: 
(A) ask further questions that the court considers proper; or 
(B) submit further questions that the court may ask if it 
considers them proper. 
(b) Peremptory Challenges.  Each side is entitled to the number 
of peremptory challenges to prospective jurors specified below. 
The court may allow additional peremptory challenges to multiple defendants, and may allow the defendants to exercise those 
challenges separately or jointly. 
(1)  Capital Case.  Each side has 20 peremptory challenges 
when the government seeks the death penalty. 
(2)  Other Felony Case.  The government has 6 peremptory 
challenges and the defendant or defendants jointly have 10 peremptory challenges when the defendant is charged with a 
crime punishable by imprisonment of more than one year. 
(3) Misdemeanor Case. Each side has 3 peremptory challenges 
when the defendant is charged with a crime punishable by 
fine, imprisonment of one year or less, or both. 
(c) Alternate Jurors. 
(1)  In General.  The court may impanel up to 6 alternate jurors to replace any jurors who are unable to perform or who 
are disqualified from performing their duties. 
(2) Procedure. 
(A) Alternate jurors must have the same qualifications 
and be selected and sworn in the same manner as any 
other juror. 
(B) Alternate jurors replace jurors in the same sequence 
in which the alternates were selected. An alternate juror 
who replaces a juror has the same authority as the other 
jurors. 
(3)  Retaining Alternate Jurors.  The court may retain alternate jurors after the jury retires to deliberate. The court must 
ensure that a retained alternate does not discuss the case with 
anyone until that alternate replaces a juror or is discharged. 
If an alternate replaces a juror after deliberations have begun, 
the court must instruct the jury to begin its deliberations 
anew. 
(4)  Peremptory Challenges. Each side is entitled to the number of additional peremptory challenges to prospective alternate jurors specified below. These additional challenges may 
be used only to remove alternate jurors. 
(A)  One or Two Alternates. One additional peremptory 
challenge is permitted when one or two alternates are impaneled. 
(B)  Three or Four Alternates. Two additional peremptory 
challenges are permitted when three or four alternates are 
impaneled. 
(C)  Five or Six Alternates. Three additional peremptory 
challenges are permitted when five or six alternates are 
impaneled. 
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug. 
1, 1987; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 25. Judge’s Disability 
(a) During Trial.  Any judge regularly sitting in or assigned to 
the court may complete a jury trial if: 
(1) the judge before whom the trial began cannot proceed because of death, sickness, or other disability; and 
(2) the judge completing the trial certifies familiarity with 
the trial record. 
(b) After a Verdict or Finding of Guilty. 
(1) In General. After a verdict or finding of guilty, any judge 
regularly sitting in or assigned to a court may complete the 
court’s duties if the judge who presided at trial cannot perform those duties because of absence, death, sickness, or other 
disability. 
(2)  Granting a New Trial.  The successor judge may grant a 
new trial if satisfied that: 
(A) a judge other than the one who presided at the trial 
cannot perform the post-trial duties; or 
(B) a new trial is necessary for some other reason. 
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug. 
1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 26. Taking Testimony 
In every trial the testimony of witnesses must be taken in open 
court, unless otherwise provided by a statute or by rules adopted 
under 28 U.S.C. §§ 2072–2077. 
(As amended Nov. 20, 1972, eff. July 1, 1975; Apr. 29, 2002, eff. Dec. 
1, 2002.) 

Rule 26.1. Foreign Law Determination 
A party intending to raise an issue of foreign law must provide 
the court and all parties with reasonable written notice. Issues of 
foreign law are questions of law, but in deciding such issues a 
court may consider any relevant material or source—including 
testimony—without regard to the Federal Rules of Evidence. 
(As added Feb. 28, 1966, eff. July 1, 1966; amended Nov. 20, 1972, eff. 
July 1, 1975; Apr. 29, 2002, eff. Dec. 1, 2002.)

Rule 26.2. Producing a Witness’s Statement 
(a) Motion to Produce. After a witness other than the defendant 
has testified on direct examination, the court, on motion of a 
party who did not call the witness, must order an attorney for the 
government or the defendant and the defendant’s attorney to 
produce, for the examination and use of the moving party, any 
statement of the witness that is in their possession and that relates to the subject matter of the witness’s testimony. 
(b) Producing the Entire Statement.  If the entire statement relates to the subject matter of the witness’s testimony, the court 
must order that the statement be delivered to the moving party. 
(c) Producing a Redacted Statement. If the party who called the 
witness claims that the statement contains information that is 
privileged or does not relate to the subject matter of the witness’s 
testimony, the court must inspect the statement in camera. After 
excising any privileged or unrelated portions, the court must 
order delivery of the redacted statement to the moving party. If 
the defendant objects to an excision, the court must preserve the 
entire statement with the excised portion indicated, under seal, as 
part of the record. 
(d) Recess to Examine a Statement.  The court may recess the 
proceedings to allow time for a party to examine the statement 
and prepare for its use. 
(e) Sanction for Failure to Produce or Deliver a Statement. If the 
party who called the witness disobeys an order to produce or deliver a statement, the court must strike the witness’s testimony 
from the record. If an attorney for the government disobeys the 
order, the court must declare a mistrial if justice so requires. 
(f) ‘‘Statement’’ Defined. As used in this rule, a witness’s ‘‘statement’’ means: 
(1) a written statement that the witness makes and signs, or 
otherwise adopts or approves; 
(2) a substantially verbatim, contemporaneously recorded 
recital of the witness’s oral statement that is contained in any 
recording or any transcription of a recording; or 
(3) the witness’s statement to a grand jury, however taken 
or recorded, or a transcription of such a statement. 
(g) Scope.  This rule applies at trial, at a suppression hearing 
under Rule 12, and to the extent specified in the following rules: 
(1) Rule 5.1(h) (preliminary hearing); 
(2) Rule 32(i)(2) (sentencing); 
(3) Rule 32.1(e) (hearing to revoke or modify probation or supervised release); 
(4) Rule 46(j) (detention hearing); and 
(5) Rule 8 of the Rules Governing Proceedings under 28 
U.S.C. § 2255. 
(As added Apr. 30, 1979, eff. Dec. 1, 1980; amended Mar. 9, 1987, eff. 
Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 24, 1998, eff. Dec. 
1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.)

Rule 26.3. Mistrial 
Before ordering a mistrial, the court must give each defendant 
and the government an opportunity to comment on the propriety 
of the order, to state whether that party consents or objects, and 
to suggest alternatives.
(As added Apr. 22, 1993, eff. Dec. 1, 1993; amended Apr. 29, 2002, eff. 
Dec. 1, 2002.) 

Rule 27. Proving an Official Record 
A party may prove an official record, an entry in such a record, 
or the lack of a record or entry in the same manner as in a civil 
action. 
(As amended Apr. 29, 2002, eff. Dec, 1, 2002.) 

Rule 28. Interpreters 
The court may select, appoint, and set the reasonable compensation for an interpreter. The compensation must be paid from funds 
provided by law or by the government, as the court may direct. 
(As amended Feb. 28, 1966, eff. July 1, 1966; Nov. 20, 1972, eff. July 
1, 1975; Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 29. Motion for a Judgment of Acquittal 
(a) Before Submission to the Jury.  After the government closes 
its evidence or after the close of all the evidence, the court on the 
defendant’s motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction. The court may on its own consider whether the evidence is 
insufficient to sustain a conviction. If the court denies a motion 
for a judgment of acquittal at the close of the government’s evidence, the defendant may offer evidence without having reserved 
the right to do so. 
(b) Reserving Decision.  The court may reserve decision on the 
motion, proceed with the trial (where the motion is made before 
the close of all the evidence), submit the case to the jury, and decide the motion either before the jury returns a verdict or after 
it returns a verdict of guilty or is discharged without having returned a verdict. If the court reserves decision, it must decide the 
motion on the basis of the evidence at the time the ruling was reserved. 
(c) After Jury Verdict or Discharge. 
(1) Time for a Motion. A defendant may move for a judgment 
of acquittal, or renew such a motion, within 14 days after a 
guilty verdict or after the court discharges the jury, whichever is later. 
(2)  Ruling on the Motion.  If the jury has returned a guilty 
verdict, the court may set aside the verdict and enter an acquittal. If the jury has failed to return a verdict, the court 
may enter a judgment of acquittal. 
(3) No Prior Motion Required. A defendant is not required to 
move for a judgment of acquittal before the court submits the 
case to the jury as a prerequisite for making such a motion 
after jury discharge. 
(d) Conditional Ruling on a Motion for a New Trial. 
(1) Motion for a New Trial. If the court enters a judgment of 
acquittal after a guilty verdict, the court must also conditionally determine whether any motion for a new trial should 
be granted if the judgment of acquittal is later vacated or reversed. The court must specify the reasons for that determination.
(2)  Finality.  The court’s order conditionally granting a motion for a new trial does not affect the finality of the judgment of acquittal. 
(3) Appeal. 
(A) Grant of a Motion for a New Trial. If the court conditionally grants a motion for a new trial and an appellate 
court later reverses the judgment of acquittal, the trial 
court must proceed with the new trial unless the appellate 
court orders otherwise. 
(B) Denial of a Motion for a New Trial. If the court conditionally denies a motion for a new trial, an appellee may 
assert that the denial was erroneous. If the appellate court 
later reverses the judgment of acquittal, the trial court 
must proceed as the appellate court directs. 
(As amended Feb. 28, 1966, eff. July 1, 1966; Nov. 10, 1986, eff. Dec. 
10, 1986; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 29, 2002, eff. Dec. 1, 2002; 
Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 29.1. Closing Argument 
Closing arguments proceed in the following order: 
(a) the government argues; 
(b) the defense argues; and 
(c) the government rebuts. 
(As added Apr. 22, 1974, eff. Dec. 1, 1975; amended Apr. 29, 2002, eff. 
Dec. 1, 2002.) 

Rule 30. Jury Instructions 
(a) In General. Any party may request in writing that the court 
instruct the jury on the law as specified in the request. The request must be made at the close of the evidence or at any earlier 
time that the court reasonably sets. When the request is made, 
the requesting party must furnish a copy to every other party. 
(b) Ruling on a Request.  The court must inform the parties before closing arguments how it intends to rule on the requested instructions. 
(c) Time for Giving Instructions. The court may instruct the jury 
before or after the arguments are completed, or at both times. 
(d) Objections to Instructions.  A party who objects to any portion of the instructions or to a failure to give a requested instruction must inform the court of the specific objection and the 
grounds for the objection before the jury retires to deliberate. An 
opportunity must be given to object out of the jury’s hearing and, 
on request, out of the jury’s presence. Failure to object in accordance with this rule precludes appellate review, except as permitted under Rule 52(b). 
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug. 
1, 1987; Apr. 25, 1988, eff. Aug. 1, 1988; Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 31. Jury Verdict 
(a) Return.  The jury must return its verdict to a judge in open 
court. The verdict must be unanimous. 
(b) Partial Verdicts, Mistrial, and Retrial. 
(1) Multiple Defendants. If there are multiple defendants, the 
jury may return a verdict at any time during its deliberations 
as to any defendant about whom it has agreed.
(2) Multiple Counts. If the jury cannot agree on all counts as 
to any defendant, the jury may return a verdict on those 
counts on which it has agreed. 
(3) Mistrial and Retrial. If the jury cannot agree on a verdict 
on one or more counts, the court may declare a mistrial on 
those counts. The government may retry any defendant on 
any count on which the jury could not agree. 
(c) Lesser Offense or Attempt.  A defendant may be found guilty 
of any of the following: 
(1) an offense necessarily included in the offense charged; 
(2) an attempt to commit the offense charged; or 
(3) an attempt to commit an offense necessarily included in 
the offense charged, if the attempt is an offense in its own 
right. 
(d) Jury Poll.  After a verdict is returned but before the jury is 
discharged, the court must on a party’s request, or may on its 
own, poll the jurors individually. If the poll reveals a lack of unanimity, the court may direct the jury to deliberate further or may 
declare a mistrial and discharge the jury. 
(As amended Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 24, 1998, eff. Dec. 
1, 1998; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 29, 2002, eff. Dec. 1, 2002.) 


TITLE VII. POST–CONVICTION PROCEDURES 
Rule 32. Sentencing and Judgment 
(a) [Reserved.] 
(b) Time of Sentencing. 
(1)  In General. The court must impose sentence without unnecessary delay. 
(2)  Changing Time Limits.  The court may, for good cause, 
change any time limits prescribed in this rule. 
(c) Presentence Investigation. 
(1) Required Investigation. 
(A) In General. The probation officer must conduct a presentence investigation and submit a report to the court 
before it imposes sentence unless: 
(i) 18 U.S.C. § 3593(c) or another statute requires 
otherwise; or 
(ii) the court finds that the information in the record 
enables it to meaningfully exercise its sentencing authority under 18 U.S.C. § 3553, and the court explains its 
finding on the record. 
(B) Restitution. If the law permits restitution, the probation officer must conduct an investigation and submit a 
report that contains sufficient information for the court 
to order restitution. 
(2)  Interviewing the Defendant.  The probation officer who 
interviews a defendant as part of a presentence investigation 
must, on request, give the defendant’s attorney notice and a 
reasonable opportunity to attend the interview. 
(d) Presentence Report. 
(1)  Applying the Advisory Sentencing Guidelines.  The presentence report must: 
(A) identify all applicable guidelines and policy statements of the Sentencing Commission;
(B) calculate the defendant’s offense level and criminal 
history category; 
(C) state the resulting sentencing range and kinds of sentences available; 
(D) identify any factor relevant to: 
(i) the appropriate kind of sentence, or 
(ii) the appropriate sentence within the applicable 
sentencing range; and 
(E) identify any basis for departing from the applicable 
sentencing range. 
(2) Additional Information. The presentence report must also 
contain the following: 
(A) the defendant’s history and characteristics, including: 
(i) any prior criminal record; 
(ii) the defendant’s financial condition; and 
(iii) any circumstances affecting the defendant’s behavior that may be helpful in imposing sentence or in 
correctional treatment; 
(B) information that assesses any financial, social, psychological, and medical impact on any victim; 
(C) when appropriate, the nature and extent of nonprison 
programs and resources available to the defendant; 
(D) when the law provides for restitution, information 
sufficient for a restitution order; 
(E) if the court orders a study under 18 U.S.C. § 3552(b), 
any resulting report and recommendation; 
(F) any other information that the court requires, including information relevant to the factors under 18 U.S.C. 
§ 3553(a); and 
(G) specify whether the government seeks forfeiture 
under Rule 32.2 and any other provision of law. 
(3)  Exclusions.  The presentence report must exclude the following: 
(A) any diagnoses that, if disclosed, might seriously disrupt a rehabilitation program; 
(B) any sources of information obtained upon a promise 
of confidentiality; and 
(C) any other information that, if disclosed, might result 
in physical or other harm to the defendant or others. 
(e) Disclosing the Report and Recommendation. 
(1)  Time to Disclose.  Unless the defendant has consented in 
writing, the probation officer must not submit a presentence 
report to the court or disclose its contents to anyone until the 
defendant has pleaded guilty or nolo contendere, or has been 
found guilty. 
(2)  Minimum Required Notice.  The probation officer must 
give the presentence report to the defendant, the defendant’s 
attorney, and an attorney for the government at least 35 days 
before sentencing unless the defendant waives this minimum 
period. 
(3) Sentence Recommendation.  By local rule or by order in a 
case, the court may direct the probation officer not to disclose 
to anyone other than the court the officer’s recommendation 
on the sentence.
(f) Objecting to the Report. 
(1)  Time to Object.  Within 14 days after receiving the presentence report, the parties must state in writing any objections, including objections to material information, sentencing guideline ranges, and policy statements contained in or 
omitted from the report. 
(2)  Serving Objections.  An objecting party must provide a 
copy of its objections to the opposing party and to the probation officer. 
(3)  Action on Objections.  After receiving objections, the probation officer may meet with the parties to discuss the objections. The probation officer may then investigate further and 
revise the presentence report as appropriate. 
(g) Submitting the Report. At least 7 days before sentencing, the 
probation officer must submit to the court and to the parties the 
presentence report and an addendum containing any unresolved 
objections, the grounds for those objections, and the probation officer’s comments on them. 
(h) Notice of Possible Departure from Sentencing Guidelines. Before the court may depart from the applicable sentencing range on 
a ground not identified for departure either in the presentence report or in a party’s prehearing submission, the court must give 
the parties reasonable notice that it is contemplating such a departure. The notice must specify any ground on which the court 
is contemplating a departure. 
(i) Sentencing. 
(1) In General. At sentencing, the court: 
(A) must verify that the defendant and the defendant’s 
attorney have read and discussed the presentence report 
and any addendum to the report; 
(B) must give to the defendant and an attorney for the 
government a written summary of—or summarize in camera—any information excluded from the presentence report under Rule 32(d)(3) on which the court will rely in sentencing, and give them a reasonable opportunity to comment on that information; 
(C) must allow the parties’ attorneys to comment on the 
probation officer’s determinations and other matters relating to an appropriate sentence; and 
(D) may, for good cause, allow a party to make a new objection at any time before sentence is imposed. 
(2)  Introducing Evidence; Producing a Statement.  The court 
may permit the parties to introduce evidence on the objections. If a witness testifies at sentencing, Rule 26.2(a)–(d) and 
(f) applies. If a party fails to comply with a Rule 26.2 order to 
produce a witness’s statement, the court must not consider 
that witness’s testimony. 
(3) Court Determinations. At sentencing, the court: 
(A) may accept any undisputed portion of the presentence report as a finding of fact; 
(B) must—for any disputed portion of the presentence report or other controverted matter—rule on the dispute or 
determine that a ruling is unnecessary either because the 
matter will not affect sentencing, or because the court will 
not consider the matter in sentencing; and 
(C) must append a copy of the court’s determinations 
under this rule to any copy of the presentence report made 
available to the Bureau of Prisons. 
(4) Opportunity to Speak. 
(A)  By a Party. Before imposing sentence, the court 
must: 
(i) provide the defendant’s attorney an opportunity 
to speak on the defendant’s behalf; 
(ii) address the defendant personally in order to permit the defendant to speak or present any information 
to mitigate the sentence; and 
(iii) provide an attorney for the government an opportunity to speak equivalent to that of the defendant’s attorney. 
(B)  By a Victim. Before imposing sentence, the court 
must address any victim of the crime who is present at 
sentencing and must permit the victim to be reasonably 
heard. 
(C) In Camera Proceedings. Upon a party’s motion and for 
good cause, the court may hear in camera any statement 
made under Rule 32(i)(4). 
(j) Defendant’s Right to Appeal. 
(1) Advice of a Right to Appeal. 
(A)  Appealing a Conviction. If the defendant pleaded not 
guilty and was convicted, after sentencing the court must 
advise the defendant of the right to appeal the conviction. 
(B) Appealing a Sentence. After sentencing—regardless of 
the defendant’s plea—the court must advise the defendant 
of any right to appeal the sentence. 
(C) Appeal Costs. The court must advise a defendant who 
is unable to pay appeal costs of the right to ask for permission to appeal in forma pauperis. 
(2)  Clerk’s Filing of Notice.  If the defendant so requests, the 
clerk must immediately prepare and file a notice of appeal on 
the defendant’s behalf. 
(k) Judgment. 
(1) In General. In the judgment of conviction, the court must 
set forth the plea, the jury verdict or the court’s findings, the 
adjudication, and the sentence. If the defendant is found not 
guilty or is otherwise entitled to be discharged, the court 
must so order. The judge must sign the judgment, and the 
clerk must enter it. 
(2)  Criminal Forfeiture.  Forfeiture procedures are governed 
by Rule 32.2. 
(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 
1, 1972; Apr. 22, 1974, eff. Dec. 1, 1975; July 31, 1975, eff. Dec. 1, 1975; 
Apr. 30, 1979, eff. Aug. 1, 1979, and Dec. 1, 1980; Oct. 12, 1982; Apr. 
28, 1983, eff. Aug. 1, 1983; Oct. 12, 1984, eff. Nov. 1, 1987; Mar. 9, 1987, 
eff. Aug. 1, 1987; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 
1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 1994, eff. Dec. 1, 1994; 
Sept. 13, 1994, eff. Dec. 1, 1994; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 
24, 1996; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 29, 2002, eff. Dec. 1, 2002; 
Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 
26, 2009, eff. Dec. 1, 2009.)

Rule 32.1. Revoking or Modifying Probation or Supervised Release 
(a) Initial Appearance. 
(1) Person In Custody. A person held in custody for violating 
probation or supervised release must be taken without unnecessary delay before a magistrate judge. 
(A) If the person is held in custody in the district where 
an alleged violation occurred, the initial appearance must 
be in that district. 
(B) If the person is held in custody in a district other 
than where an alleged violation occurred, the initial appearance must be in that district, or in an adjacent district if the appearance can occur more promptly there. 
(2)  Upon a Summons.  When a person appears in response to 
a summons for violating probation or supervised release, a 
magistrate judge must proceed under this rule. 
(3)  Advice.  The judge must inform the person of the following: 
(A) the alleged violation of probation or supervised release; 
(B) the person’s right to retain counsel or to request that 
counsel be appointed if the person cannot obtain counsel; 
and 
(C) the person’s right, if held in custody, to a preliminary hearing under Rule 32.1(b)(1). 
(4) Appearance in the District With Jurisdiction. If the person 
is arrested or appears in the district that has jurisdiction to 
conduct a revocation hearing—either originally or by transfer 
of jurisdiction—the court must proceed under Rule 32.1(b)–(e). 
(5) Appearance in a District Lacking Jurisdiction. If the person is arrested or appears in a district that does not have jurisdiction to conduct a revocation hearing, the magistrate 
judge must: 
(A) if the alleged violation occurred in the district of arrest, conduct a preliminary hearing under Rule 32.1(b) and 
either: 
(i) transfer the person to the district that has jurisdiction, if the judge finds probable cause to believe 
that a violation occurred; or 
(ii) dismiss the proceedings and so notify the court 
that has jurisdiction, if the judge finds no probable 
cause to believe that a violation occurred; or 
(B) if the alleged violation did not occur in the district 
of arrest, transfer the person to the district that has jurisdiction if: 
(i) the government produces certified copies of the 
judgment, warrant, and warrant application, or produces copies of those certified documents by reliable 
electronic means; and 
(ii) the judge finds that the person is the same person 
named in the warrant. 
(6)  Release or Detention.  The magistrate judge may release 
or detain the person under 18 U.S.C. § 3143(a)(1) pending further 
proceedings. The burden of establishing by clear and convincing evidence that the person will not flee or pose a danger to 
any other person or to the community rests with the person.
(b) Revocation. 
(1) Preliminary Hearing. 
(A)  In General. If a person is in custody for violating a 
condition of probation or supervised release, a magistrate 
judge must promptly conduct a hearing to determine 
whether there is probable cause to believe that a violation 
occurred. The person may waive the hearing. 
(B)  Requirements. The hearing must be recorded by a 
court reporter or by a suitable recording device. The judge 
must give the person: 
(i) notice of the hearing and its purpose, the alleged 
violation, and the person’s right to retain counsel or to 
request that counsel be appointed if the person cannot 
obtain counsel; 
(ii) an opportunity to appear at the hearing and 
present evidence; and 
(iii) upon request, an opportunity to question any adverse witness, unless the judge determines that the interest of justice does not require the witness to appear. 
(C) Referral.  If the judge finds probable cause, the judge 
must conduct a revocation hearing. If the judge does not 
find probable cause, the judge must dismiss the proceeding. 
(2)  Revocation Hearing.  Unless waived by the person, the 
court must hold the revocation hearing within a reasonable 
time in the district having jurisdiction. The person is entitled 
to: 
(A) written notice of the alleged violation; 
(B) disclosure of the evidence against the person; 
(C) an opportunity to appear, present evidence, and question any adverse witness unless the court determines that 
the interest of justice does not require the witness to appear; 
(D) notice of the person’s right to retain counsel or to request that counsel be appointed if the person cannot obtain counsel; and 
(E) an opportunity to make a statement and present any 
information in mitigation. 
(c) Modification. 
(1)  In General. Before modifying the conditions of probation 
or supervised release, the court must hold a hearing, at which 
the person has the right to counsel and an opportunity to 
make a statement and present any information in mitigation. 
(2) Exceptions. A hearing is not required if: 
(A) the person waives the hearing; or 
(B) the relief sought is favorable to the person and does 
not extend the term of probation or of supervised release; 
and 
(C) an attorney for the government has received notice 
of the relief sought, has had a reasonable opportunity to 
object, and has not done so. 
(d) Disposition of the Case. The court’s disposition of the case is 
governed by 18 U.S.C. § 3563 and § 3565 (probation) and § 3583 (supervised release). 
(e) Producing a Statement.  Rule 26.2(a)–(d) and (f) applies at a 
hearing under this rule. If a party fails to comply with a Rule 26.2
order to produce a witness’s statement, the court must not consider that witness’s testimony. 
(As added Apr. 30, 1979, eff. Dec. 1, 1980; amended Nov. 10, 1986, eff. 
Dec. 10, 1986; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 25, 1989, eff. Dec. 
1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; 
Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 
12, 2006, eff. Dec. 1, 2006; Apr. 28, 2010, eff. Dec. 1, 2010.) 
Rule 32.2. Criminal Forfeiture 
(a) Notice to the Defendant. A court must not enter a judgment 
of forfeiture in a criminal proceeding unless the indictment or information contains notice to the defendant that the government 
will seek the forfeiture of property as part of any sentence in accordance with the applicable statute. The notice should not be 
designated as a count of the indictment or information. The indictment or information need not identify the property subject to 
forfeiture or specify the amount of any forfeiture money judgment 
that the government seeks. 
(b) Entering a Preliminary Order of Forfeiture. 
(1) Forfeiture Phase of the Trial. 
(A) Forfeiture Determinations. As soon as practical after a 
verdict or finding of guilty, or after a plea of guilty or nolo 
contendere is accepted, on any count in an indictment or 
information regarding which criminal forfeiture is sought, 
the court must determine what property is subject to forfeiture under the applicable statute. If the government 
seeks forfeiture of specific property, the court must determine whether the government has established the requisite nexus between the property and the offense. If the 
government seeks a personal money judgment, the court 
must determine the amount of money that the defendant 
will be ordered to pay. 
(B) Evidence and Hearing. The court’s determination may 
be based on evidence already in the record, including any 
written plea agreement, and on any additional evidence or 
information submitted by the parties and accepted by the 
court as relevant and reliable. If the forfeiture is contested, on either party’s request the court must conduct a 
hearing after the verdict or finding of guilty. 
(2) Preliminary Order. 
(A)  Contents of a Specific Order.  If the court finds that 
property is subject to forfeiture, it must promptly enter a 
preliminary order of forfeiture setting forth the amount of 
any money judgment, directing the forfeiture of specific 
property, and directing the forfeiture of any substitute 
property if the government has met the statutory criteria. 
The court must enter the order without regard to any 
third party’s interest in the property. Determining whether a third party has such an interest must be deferred until 
any third party files a claim in an ancillary proceeding 
under Rule 32.2(c). 
(B)  Timing.  Unless doing so is impractical, the court 
must enter the preliminary order sufficiently in advance 
of sentencing to allow the parties to suggest revisions or
modifications before the order becomes final as to the defendant under Rule 32.2(b)(4). 
(C) General Order. If, before sentencing, the court cannot 
identify all the specific property subject to forfeiture or 
calculate the total amount of the money judgment, the 
court may enter a forfeiture order that: 
(i) lists any identified property; 
(ii) describes other property in general terms; and 
(iii) states that the order will be amended under Rule 
32.2(e)(1) when additional specific property is identified 
or the amount of the money judgment has been calculated. 
(3) Seizing Property. The entry of a preliminary order of forfeiture authorizes the Attorney General (or a designee) to 
seize the specific property subject to forfeiture; to conduct 
any discovery the court considers proper in identifying, locating, or disposing of the property; and to commence proceedings that comply with any statutes governing third-party 
rights. The court may include in the order of forfeiture conditions reasonably necessary to preserve the property’s value 
pending any appeal. 
(4) Sentence and Judgment. 
(A)  When Final.  At sentencing—or at any time before 
sentencing if the defendant consents—the preliminary forfeiture order becomes final as to the defendant. If the 
order directs the defendant to forfeit specific property, it 
remains preliminary as to third parties until the ancillary 
proceeding is concluded under Rule 32.2(c). 
(B) Notice and Inclusion in the Judgment. The court must 
include the forfeiture when orally announcing the sentence or must otherwise ensure that the defendant knows 
of the forfeiture at sentencing. The court must also include the forfeiture order, directly or by reference, in the 
judgment, but the court’s failure to do so may be corrected 
at any time under Rule 36. 
(C) Time to Appeal. The time for the defendant or the government to file an appeal from the forfeiture order, or 
from the court’s failure to enter an order, begins to run 
when judgment is entered. If the court later amends or declines to amend a forfeiture order to include additional 
property under Rule 32.2(e), the defendant or the government may file an appeal regarding that property under 
Federal Rule of Appellate Procedure 4(b). The time for 
that appeal runs from the date when the order granting or 
denying the amendment becomes final. 
(5) Jury Determination. 
(A) Retaining the Jury. In any case tried before a jury, if 
the indictment or information states that the government 
is seeking forfeiture, the court must determine before the 
jury begins deliberating whether either party requests 
that the jury be retained to determine the forfeitability of 
specific property if it returns a guilty verdict. 
(B)  Special Verdict Form.  If a party timely requests to 
have the jury determine forfeiture, the government must
submit a proposed Special Verdict Form listing each property subject to forfeiture and asking the jury to determine 
whether the government has established the requisite 
nexus between the property and the offense committed by 
the defendant. 
(6) Notice of the Forfeiture Order. 
(A) Publishing and Sending Notice. If the court orders the 
forfeiture of specific property, the government must publish notice of the order and send notice to any person who 
reasonably appears to be a potential claimant with standing to contest the forfeiture in the ancillary proceeding. 
(B)  Content of the Notice.  The notice must describe the 
forfeited property, state the times under the applicable 
statute when a petition contesting the forfeiture must be 
filed, and state the name and contact information for the 
government attorney to be served with the petition. 
(C) Means of Publication; Exceptions to Publication Requirement. Publication must take place as described in Supplemental Rule G(4)(a)(iii) of the Federal Rules of Civil Procedure, and may be by any means described in Supplemental Rule G(4)(a)(iv). Publication is unnecessary if any 
exception in Supplemental Rule G(4)(a)(i) applies. 
(D) Means of Sending the Notice. The notice may be sent 
in accordance with Supplemental Rules G(4)(b)(iii)–(v) of 
the Federal Rules of Civil Procedure. 
(7) Interlocutory Sale. At any time before entry of a final forfeiture order, the court, in accordance with Supplemental 
Rule G(7) of the Federal Rules of Civil Procedure, may order 
the interlocutory sale of property alleged to be forfeitable. 
(c) Ancillary Proceeding; Entering a Final Order of Forfeiture. 
(1) In General. If, as prescribed by statute, a third party files 
a petition asserting an interest in the property to be forfeited, 
the court must conduct an ancillary proceeding, but no ancillary proceeding is required to the extent that the forfeiture 
consists of a money judgment. 
(A) In the ancillary proceeding, the court may, on motion, dismiss the petition for lack of standing, for failure 
to state a claim, or for any other lawful reason. For purposes of the motion, the facts set forth in the petition are 
assumed to be true. 
(B) After disposing of any motion filed under Rule 
32.2(c)(1)(A) and before conducting a hearing on the petition, the court may permit the parties to conduct discovery in accordance with the Federal Rules of Civil Procedure if the court determines that discovery is necessary or 
desirable to resolve factual issues. When discovery ends, a 
party may move for summary judgment under Federal 
Rule of Civil Procedure 56. 
(2)  Entering a Final Order.  When the ancillary proceeding 
ends, the court must enter a final order of forfeiture by 
amending the preliminary order as necessary to account for 
any third-party rights. If no third party files a timely petition, the preliminary order becomes the final order of forfeiture if the court finds that the defendant (or any combination 
of defendants convicted in the case) had an interest in the
property that is forfeitable under the applicable statute. The 
defendant may not object to the entry of the final order on the 
ground that the property belongs, in whole or in part, to a codefendant or third party; nor may a third party object to the 
final order on the ground that the third party had an interest 
in the property. 
(3)  Multiple Petitions.  If multiple third-party petitions are 
filed in the same case, an order dismissing or granting one petition is not appealable until rulings are made on all the petitions, unless the court determines that there is no just reason 
for delay. 
(4) Ancillary Proceeding Not Part of Sentencing. An ancillary 
proceeding is not part of sentencing. 
(d) Stay Pending Appeal.  If a defendant appeals from a conviction or an order of forfeiture, the court may stay the order of forfeiture on terms appropriate to ensure that the property remains 
available pending appellate review. A stay does not delay the ancillary proceeding or the determination of a third party’s rights 
or interests. If the court rules in favor of any third party while an 
appeal is pending, the court may amend the order of forfeiture but 
must not transfer any property interest to a third party until the 
decision on appeal becomes final, unless the defendant consents in 
writing or on the record. 
(e) Subsequently Located Property; Substitute Property. 
(1)  In General.  On the government’s motion, the court may 
at any time enter an order of forfeiture or amend an existing 
order of forfeiture to include property that: 
(A) is subject to forfeiture under an existing order of forfeiture but was located and identified after that order was 
entered; or 
(B) is substitute property that qualifies for forfeiture 
under an applicable statute. 
(2)  Procedure.  If the government shows that the property is 
subject to forfeiture under Rule 32.2(e)(1), the court must: 
(A) enter an order forfeiting that property, or amend an 
existing preliminary or final order to include it; and 
(B) if a third party files a petition claiming an interest 
in the property, conduct an ancillary proceeding under 
Rule 32.2(c). 
(3) Jury Trial Limited. There is no right to a jury trial under 
Rule 32.2(e). 
(As added Apr. 17, 2000, eff.Dec. 1, 2000; amended Apr. 29, 2002, eff. 
Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 33. New Trial 
(a) Defendant’s Motion.  Upon the defendant’s motion, the court 
may vacate any judgment and grant a new trial if the interest of 
justice so requires. If the case was tried without a jury, the court 
may take additional testimony and enter a new judgment. 
(b) Time to File. 
(1)  Newly Discovered Evidence.  Any motion for a new trial 
grounded on newly discovered evidence must be filed within 3 
years after the verdict or finding of guilty. If an appeal is 
pending, the court may not grant a motion for a new trial 
until the appellate court remands the case.
(2)  Other Grounds.  Any motion for a new trial grounded on 
any reason other than newly discovered evidence must be filed 
within 14 days after the verdict or finding of guilty. 
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug. 
1, 1987; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; 
Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 34. Arresting Judgment 
(a) In General.  Upon the defendant’s motion or on its own, the 
court must arrest judgment if: 
(1) the indictment or information does not charge an offense; 
or 
(2) the court does not have jurisdiction of the charged offense. 
(b) Time to File.  The defendant must move to arrest judgment 
within 14 days after the court accepts a verdict or finding of 
guilty, or after a plea of guilty or nolo contendere. 
(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 29, 2002, eff. Dec. 
1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 35. Correcting or Reducing a Sentence 
(a) Correcting Clear Error. Within 14 days after sentencing, the 
court may correct a sentence that resulted from arithmetical, 
technical, or other clear error. 
(b) Reducing a Sentence for Substantial Assistance. 
(1)  In General.  Upon the government’s motion made within 
one year of sentencing, the court may reduce a sentence if the 
defendant, after sentencing, provided substantial assistance in 
investigating or prosecuting another person. 
(2)  Later Motion. Upon the government’s motion made more 
than one year after sentencing, the court may reduce a sentence if the defendant’s substantial assistance involved: 
(A) information not known to the defendant until one 
year or more after sentencing; 
(B) information provided by the defendant to the government within one year of sentencing, but which did not become useful to the government until more than one year 
after sentencing; or 
(C) information the usefulness of which could not reasonably have been anticipated by the defendant until more 
than one year after sentencing and which was promptly 
provided to the government after its usefulness was reasonably apparent to the defendant. 
(3) Evaluating Substantial Assistance. In evaluating whether 
the defendant has provided substantial assistance, the court 
may consider the defendant’s presentence assistance. 
(4) Below Statutory Minimum. When acting under Rule 35(b), 
the court may reduce the sentence to a level below the minimum sentence established by statute. 
(c) ‘‘Sentencing’’ Defined.  As used in this rule, ‘‘sentencing’’ 
means the oral announcement of the sentence. 
(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 30, 1979, eff. Aug. 
1, Apr. 29, 1985, eff. Aug. 1, 1985; Oct. 27, 1986, eff. Nov. 1, 1987; Apr. 
30, 1991, eff. Dec. 1, 1991; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, 
eff. Dec. 1, 2002; Apr. 26, 2004, eff. Dec. 1, 2004; Apr. 30, 2007, eff. Dec. 
1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.) 


Rule 36. Clerical Error 
After giving any notice it considers appropriate, the court may 
at any time correct a clerical error in a judgment, order, or other 
part of the record, or correct an error in the record arising from 
oversight or omission. 
(As amended Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 37. [Reserved] 

Rule 38. Staying a Sentence or a Disability 
(a) Death Sentence. The court must stay a death sentence if the 
defendant appeals the conviction or sentence. 
(b) Imprisonment. 
(1) Stay Granted. If the defendant is released pending appeal, 
the court must stay a sentence of imprisonment. 
(2) Stay Denied; Place of Confinement. If the defendant is not 
released pending appeal, the court may recommend to the Attorney General that the defendant be confined near the place 
of the trial or appeal for a period reasonably necessary to permit the defendant to assist in preparing the appeal. 
(c) Fine. If the defendant appeals, the district court, or the court 
of appeals under Federal Rule of Appellate Procedure 8, may stay 
a sentence to pay a fine or a fine and costs. The court may stay 
the sentence on any terms considered appropriate and may require 
the defendant to: 
(1) deposit all or part of the fine and costs into the district 
court’s registry pending appeal; 
(2) post a bond to pay the fine and costs; or 
(3) submit to an examination concerning the defendant’s assets and, if appropriate, order the defendant to refrain from 
dissipating assets. 
(d) Probation.  If the defendant appeals, the court may stay a 
sentence of probation. The court must set the terms of any stay. 
(e) Restitution and Notice to Victims. 
(1) In General. If the defendant appeals, the district court, or 
the court of appeals under Federal Rule of Appellate Procedure 8, may stay—on any terms considered appropriate—any 
sentence providing for restitution under 18 U.S.C. § 3556 or notice under 18 U.S.C. § 3555. 
(2) Ensuring Compliance. The court may issue any order reasonably necessary to ensure compliance with a restitution 
order or a notice order after disposition of an appeal, including: 
(A) a restraining order; 
(B) an injunction; 
(C) an order requiring the defendant to deposit all or 
part of any monetary restitution into the district court’s 
registry; or 
(D) an order requiring the defendant to post a bond. 
(f) Forfeiture.  A stay of a forfeiture order is governed by Rule 
32.2(d). 
(g) Disability.  If the defendant’s conviction or sentence creates 
a civil or employment disability under federal law, the district 
court, or the court of appeals under Federal Rule of Appellate Procedure 8, may stay the disability pending appeal on any terms 
considered appropriate. The court may issue any order reasonably 
necessary to protect the interest represented by the disability 
pending appeal, including a restraining order or an injunction. 
(As amended Dec. 27, 1948, eff. Jan. 1, 1949; Feb. 28, 1966, eff. July 
1, 1966; Dec. 4, 1967, eff. July 1, 1968; Apr. 24, 1972, eff. Oct. 1, 1972; 
Oct. 12, 1984, eff. Nov. 1, 1987; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 17, 
2000, eff. Dec. 1, 2000; Apr. 29, 2002, eff. Dec. 1, 2002.) 

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 
(a) In General.  A person must be taken without unnecessary 
delay before a magistrate judge in the district of arrest if the person has been arrested under a warrant issued in another district 
for: 
(i) failing to appear as required by the terms of that person’s 
release under 18 U.S.C. §§ 3141–3156 or by a subpoena; or 
(ii) violating conditions of release set in another district. 
(b) Proceedings.  The judge must proceed under Rule 5(c)(3) as 
applicable. 
(c) Release or Detention Order.  The judge may modify any previous release or detention order issued in another district, but 
must state in writing the reasons for doing so. 
(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 
1, 1972; Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 28, 1982, eff. Aug. 1, 1982; 
Oct. 12, 1984, eff. Oct. 12, 1984, and Nov. 1, 1987; Mar. 9, 1987, eff. 
Aug. 1, 1987; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 22, 1993, eff. Dec. 
1, 1993; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 27, 1995, eff. Dec. 1, 1995; 
Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 12, 2006, eff. Dec. 1, 2006.) 

Rule 41. Search and Seizure 
(a) Scope and Definitions. 
(1)  Scope.  This rule does not modify any statute regulating 
search or seizure, or the issuance and execution of a search 
warrant in special circumstances. 
(2)  Definitions.  The following definitions apply under this 
rule: 
(A) ‘‘Property’’ includes documents, books, papers, any 
other tangible objects, and information. 
(B) ‘‘Daytime’’ means the hours between 6:00 a.m. and 
10:00 p.m. according to local time. 
(C) ‘‘Federal law enforcement officer’’ means a government agent (other than an attorney for the government) 
who is engaged in enforcing the criminal laws and is within any category of officers authorized by the Attorney 
General to request a search warrant. 
(D) ‘‘Domestic terrorism’’ and ‘‘international terrorism’’ 
have the meanings set out in 18 U.S.C. § 2331.
(E) ‘‘Tracking device’’ has the meaning set out in 18 
U.S.C. § 3117(b). 
(b) Authority to Issue a Warrant. At the request of a federal law 
enforcement officer or an attorney for the government: 
(1) a magistrate judge with authority in the district—or if 
none is reasonably available, a judge of a state court of record 
in the district—has authority to issue a warrant to search for 
and seize a person or property located within the district; 
(2) a magistrate judge with authority in the district has authority to issue a warrant for a person or property outside the 
district if the person or property is located within the district 
when the warrant is issued but might move or be moved outside the district before the warrant is executed; 
(3) a magistrate judge—in an investigation of domestic terrorism or international terrorism—with authority in any district in which activities related to the terrorism may have occurred has authority to issue a warrant for a person or property within or outside that district; 
(4) a magistrate judge with authority in the district has authority to issue a warrant to install within the district a 
tracking device; the warrant may authorize use of the device 
to track the movement of a person or property located within 
the district, outside the district, or both; and 
(5) a magistrate judge having authority in any district 
where activities related to the crime may have occurred, or in 
the District of Columbia, may issue a warrant for property 
that is located outside the jurisdiction of any state or district, 
but within any of the following: 
(A) a United States territory, possession, or commonwealth; 
(B) the premises—no matter who owns them—of a United 
States diplomatic or consular mission in a foreign state, 
including any appurtenant building, part of a building, or 
land used for the mission’s purposes; or 
(C) a residence and any appurtenant land owned or 
leased by the United States and used by United States personnel assigned to a United States diplomatic or consular 
mission in a foreign state. 
(c) Persons or Property Subject to Search or Seizure. A warrant 
may be issued for any of the following: 
(1) evidence of a crime; 
(2) contraband, fruits of crime, or other items illegally possessed; 
(3) property designed for use, intended for use, or used in 
committing a crime; or 
(4) a person to be arrested or a person who is unlawfully restrained. 
(d) Obtaining a Warrant. 
(1) In General. After receiving an affidavit or other information, a magistrate judge—or if authorized by Rule 41(b), a 
judge of a state court of record—must issue the warrant if 
there is probable cause to search for and seize a person or 
property or to install and use a tracking device. 
(2) Requesting a Warrant in the Presence of a Judge. 
(A) Warrant on an Affidavit. When a federal law enforcement officer or an attorney for the government presents
an affidavit in support of a warrant, the judge may require 
the affiant to appear personally and may examine under 
oath the affiant and any witness the affiant produces. 
(B)  Warrant on Sworn Testimony. The judge may wholly 
or partially dispense with a written affidavit and base a 
warrant on sworn testimony if doing so is reasonable 
under the circumstances. 
(C) Recording Testimony. Testimony taken in support of a 
warrant must be recorded by a court reporter or by a suitable recording device, and the judge must file the transcript or recording with the clerk, along with any affidavit. 
(3) Requesting a Warrant by Telephonic or Other Means. 
(A)  In General. A magistrate judge may issue a warrant 
based on information communicated by telephone or other 
reliable electronic means. 
(B) Recording Testimony. Upon learning that an applicant 
is requesting a warrant under Rule 41(d)(3)(A), a magistrate judge must: 
(i) place under oath the applicant and any person on 
whose testimony the application is based; and 
(ii) make a verbatim record of the conversation with 
a suitable recording device, if available, or by a court 
reporter, or in writing. 
(C) Certifying Testimony. The magistrate judge must have 
any recording or court reporter’s notes transcribed, certify 
the transcription’s accuracy, and file a copy of the record 
and the transcription with the clerk. Any written verbatim record must be signed by the magistrate judge and 
filed with the clerk. 
(D)  Suppression Limited. Absent a finding of bad faith, 
evidence obtained from a warrant issued under Rule 
41(d)(3)(A) is not subject to suppression on the ground that 
issuing the warrant in that manner was unreasonable 
under the circumstances. 
(e) Issuing the Warrant. 
(1)  In General.  The magistrate judge or a judge of a state 
court of record must issue the warrant to an officer authorized 
to execute it. 
(2) Contents of the Warrant. 
(A) Warrant to Search for and Seize a Person or Property. 
Except for a tracking-device warrant, the warrant must 
identify the person or property to be searched, identify 
any person or property to be seized, and designate the 
magistrate judge to whom it must be returned. The warrant must command the officer to: 
(i) execute the warrant within a specified time no 
longer than 14 days; 
(ii) execute the warrant during the daytime, unless 
the judge for good cause expressly authorizes execution at another time; and 
(iii) return the warrant to the magistrate judge designated in the warrant. 
(B)  Warrant Seeking Electronically Stored Information. A 
warrant under Rule 41(e)(2)(A) may authorize the seizure
of electronic storage media or the seizure or copying of 
electronically stored information. Unless otherwise specified, the warrant authorizes a later review of the media or 
information consistent with the warrant. The time for executing the warrant in Rule 41(e)(2)(A) and (f)(1)(A) refers to 
the seizure or on-site copying of the media or information, 
and not to any later off-site copying or review. 
(C) Warrant for a Tracking Device. A tracking-device warrant must identify the person or property to be tracked, 
designate the magistrate judge to whom it must be returned, and specify a reasonable length of time that the 
device may be used. The time must not exceed 45 days 
from the date the warrant was issued. The court may, for 
good cause, grant one or more extensions for a reasonable 
period not to exceed 45 days each. The warrant must command the officer to: 
(i) complete any installation authorized by the warrant within a specified time no longer than 10 calendar 
days; 
(ii) perform any installation authorized by the warrant during the daytime, unless the judge for good 
cause expressly authorizes installation at another 
time; and 
(iii) return the warrant to the judge designated in 
the warrant. 
(3)  Warrant by Telephonic or Other Means.  If a magistrate 
judge decides to proceed under Rule 41(d)(3)(A), the following 
additional procedures apply: 
(A)  Preparing a Proposed Duplicate Original Warrant. The 
applicant must prepare a ‘‘proposed duplicate original warrant’’ and must read or otherwise transmit the contents of 
that document verbatim to the magistrate judge. 
(B) Preparing an Original Warrant. If the applicant reads 
the contents of the proposed duplicate original warrant, 
the magistrate judge must enter those contents into an 
original warrant. If the applicant transmits the contents 
by reliable electronic means, that transmission may serve 
as the original warrant. 
(C)  Modification. The magistrate judge may modify the 
original warrant. The judge must transmit any modified 
warrant to the applicant by reliable electronic means 
under Rule 41(e)(3)(D) or direct the applicant to modify the 
proposed duplicate original warrant accordingly. 
(D)  Signing the Warrant. Upon determining to issue the 
warrant, the magistrate judge must immediately sign the 
original warrant, enter on its face the exact date and time 
it is issued, and transmit it by reliable electronic means to 
the applicant or direct the applicant to sign the judge’s 
name on the duplicate original warrant. 
(f) Executing and Returning the Warrant. 
(1) Warrant to Search for and Seize a Person or Property. 
(A)  Noting the Time.  The officer executing the warrant 
must enter on it the exact date and time it was executed. 
(B) Inventory. An officer present during the execution of 
the warrant must prepare and verify an inventory of any
property seized. The officer must do so in the presence of 
another officer and the person from whom, or from whose 
premises, the property was taken. If either one is not 
present, the officer must prepare and verify the inventory 
in the presence of at least one other credible person. In a 
case involving the seizure of electronic storage media or 
the seizure or copying of electronically stored information, the inventory may be limited to describing the physical storage media that were seized or copied. The officer 
may retain a copy of the electronically stored information 
that was seized or copied. 
(C) Receipt. The officer executing the warrant must give 
a copy of the warrant and a receipt for the property taken 
to the person from whom, or from whose premises, the 
property was taken or leave a copy of the warrant and receipt at the place where the officer took the property. 
(D)  Return.  The officer executing the warrant must 
promptly return it—together with a copy of the inventory—to the magistrate judge designated on the warrant. 
The judge must, on request, give a copy of the inventory 
to the person from whom, or from whose premises, the 
property was taken and to the applicant for the warrant. 
(2) Warrant for a Tracking Device. 
(A) Noting the Time. The officer executing a tracking-device warrant must enter on it the exact date and time the 
device was installed and the period during which it was 
used. 
(B)  Return. Within 10 calendar days after the use of the 
tracking device has ended, the officer executing the warrant must return it to the judge designated in the warrant. 
(C)  Service. Within 10 calendar days after the use of the 
tracking device has ended, the officer executing a tracking-device warrant must serve a copy of the warrant on 
the person who was tracked or whose property was 
tracked. Service may be accomplished by delivering a copy 
to the person who, or whose property, was tracked; or by 
leaving a copy at the person’s residence or usual place of 
abode with an individual of suitable age and discretion 
who resides at that location and by mailing a copy to the 
person’s last known address. Upon request of the government, the judge may delay notice as provided in Rule 
41(f)(3). 
(3)  Delayed Notice.  Upon the government’s request, a magistrate judge—or if authorized by Rule 41(b), a judge of a state 
court of record—may delay any notice required by this rule if 
the delay is authorized by statute. 
(g) Motion to Return Property. A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property’s return. The motion must be 
filed in the district where the property was seized. The court must 
receive evidence on any factual issue necessary to decide the motion. If it grants the motion, the court must return the property 
to the movant, but may impose reasonable conditions to protect 
access to the property and its use in later proceedings.
(h) Motion to Suppress.  A defendant may move to suppress evidence in the court where the trial will occur, as Rule 12 provides. 
(i) Forwarding Papers to the Clerk.  The magistrate judge to 
whom the warrant is returned must attach to the warrant a copy 
of the return, of the inventory, and of all other related papers and 
must deliver them to the clerk in the district where the property 
was seized. 
(As amended Dec. 27, 1948, eff. Oct. 20, 1949; Apr. 9, 1956, eff. July 
8, 1956; Apr. 24, 1972, eff. Oct. 1, 1972; Mar. 18, 1974, eff. July 1, 1974; 
Apr. 26 and July 8, 1976, eff. Aug. 1, 1976; July 30, 1977, eff. Oct. 1, 
1977; Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 9, 1987, eff. Aug. 1, 1987; 
Apr. 25, 1989, eff. Dec. 1, 1989; May 1, 1990, eff. Dec. 1, 1990; Apr. 22, 
1993, eff. Dec. 1, 1993; Oct. 26, 2001; Apr. 29, 2002, eff. Dec. 1, 2002; 
Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 
26, 2009, eff. Dec. 1, 2009.) 

Rule 42. Criminal Contempt 
(a) Disposition After Notice.  Any person who commits criminal 
contempt may be punished for that contempt after prosecution on 
notice. 
(1)  Notice.  The court must give the person notice in open 
court, in an order to show cause, or in an arrest order. The notice must: 
(A) state the time and place of the trial; 
(B) allow the defendant a reasonable time to prepare a 
defense; and 
(C) state the essential facts constituting the charged 
criminal contempt and describe it as such. 
(2) Appointing a Prosecutor. The court must request that the 
contempt be prosecuted by an attorney for the government, 
unless the interest of justice requires the appointment of another attorney. If the government declines the request, the 
court must appoint another attorney to prosecute the contempt. 
(3)  Trial and Disposition.  A person being prosecuted for 
criminal contempt is entitled to a jury trial in any case in 
which federal law so provides and must be released or detained 
as Rule 46 provides. If the criminal contempt involves disrespect toward or criticism of a judge, that judge is disqualified from presiding at the contempt trial or hearing unless the 
defendant consents. Upon a finding or verdict of guilty, the 
court must impose the punishment. 
(b) Summary Disposition.  Notwithstanding any other provision 
of these rules, the court (other than a magistrate judge) may summarily punish a person who commits criminal contempt in its 
presence if the judge saw or heard the contemptuous conduct and 
so certifies; a magistrate judge may summarily punish a person as 
provided in 28 U.S.C. § 636(e). The contempt order must recite the 
facts, be signed by the judge, and be filed with the clerk. 
(As amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 
1, 2002.) 


TITLE IX. GENERAL PROVISIONS 
Rule 43. Defendant’s Presence 
(a) When Required. Unless this rule, Rule 5, or Rule 10 provides 
otherwise, the defendant must be present at: 
(1) the initial appearance, the initial arraignment, and the 
plea; 
(2) every trial stage, including jury impanelment and the return of the verdict; and 
(3) sentencing. 
(b) When Not Required.  A defendant need not be present under 
any of the following circumstances: 
(1)  Organizational Defendant.  The defendant is an organization represented by counsel who is present. 
(2) Misdemeanor Offense. The offense is punishable by fine or 
by imprisonment for not more than one year, or both, and 
with the defendant’s written consent, the court permits arraignment, plea, trial, and sentencing to occur in the defendant’s absence. 
(3)  Conference or Hearing on a Legal Question.  The proceeding involves only a conference or hearing on a question of law. 
(4)  Sentence Correction.  The proceeding involves the correction or reduction of sentence under Rule 35 or 18 U.S.C. 
§ 3582(c). 
(c) Waiving Continued Presence. 
(1)  In General.  A defendant who was initially present at 
trial, or who had pleaded guilty or nolo contendere, waives the 
right to be present under the following circumstances: 
(A) when the defendant is voluntarily absent after the 
trial has begun, regardless of whether the court informed 
the defendant of an obligation to remain during trial; 
(B) in a noncapital case, when the defendant is voluntarily absent during sentencing; or 
(C) when the court warns the defendant that it will remove the defendant from the courtroom for disruptive behavior, but the defendant persists in conduct that justifies 
removal from the courtroom. 
(2)  Waiver’s Effect.  If the defendant waives the right to be 
present, the trial may proceed to completion, including the 
verdict’s return and sentencing, during the defendant’s absence. 
(As amended Apr. 22, 1974, eff. Dec. 1, 1975; July 31, 1975, eff. Dec. 
1, 1975; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 27, 1995, eff. Dec. 1, 1995; 
Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 44. Right to and Appointment of Counsel 
(a) Right to Appointed Counsel. A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the 
defendant at every stage of the proceeding from initial appearance 
through appeal, unless the defendant waives this right. 
(b) Appointment Procedure.  Federal law and local court rules 
govern the procedure for implementing the right to counsel. 
(c) Inquiry Into Joint Representation. 
(1) Joint Representation. Joint representation occurs when: 
(A) two or more defendants have been charged jointly 
under Rule 8(b) or have been joined for trial under Rule 13; 
and 
(B) the defendants are represented by the same counsel, 
or counsel who are associated in law practice. 
(2)  Court’s Responsibilities in Cases of Joint Representation. 
The court must promptly inquire about the propriety of joint 
representation and must personally advise each defendant of 
the right to the effective assistance of counsel, including separate representation. Unless there is good cause to believe that 
no conflict of interest is likely to arise, the court must take 
appropriate measures to protect each defendant’s right to 
counsel. 
(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 
1, 1972; Apr. 30, 1979, eff. Dec. 1, 1980; Mar. 9, 1987, eff. Aug. 1, 1987; 
Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 45. Computing and Extending Time 
(a) Computing Time. The following rules apply in computing any 
time period specified in these rules, in any local rule or court 
order, or in any statute that does not specify a method of computing time. 
(1)  Period Stated in Days or a Longer Unit. When the period 
is stated in days or a longer unit of time: 
(A) exclude the day of the event that triggers the period; 
(B) count every day, including intermediate Saturdays, 
Sundays, and legal holidays; and 
(C) include the last day of the period, but if the last day 
is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a 
Saturday, Sunday, or legal holiday. 
(2)  Period Stated in Hours.  When the period is stated in 
hours: 
(A) begin counting immediately on the occurrence of the 
event that triggers the period; 
(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and 
(C) if the period would end on a Saturday, Sunday, or 
legal holiday, the period continues to run until the same 
time on the next day that is not a Saturday, Sunday, or 
legal holiday. 
(3)  Inaccessibility of the Clerk’s Office.  Unless the court orders otherwise, if the clerk’s office is inaccessible: 
(A) on the last day for filing under Rule 45(a)(1), then the 
time for filing is extended to the first accessible day that 
is not a Saturday, Sunday, or legal holiday; or 
(B) during the last hour for filing under Rule 45(a)(2), 
then the time for filing is extended to the same time on 
the first accessible day that is not a Saturday, Sunday, or 
legal holiday. 
(4)  ‘‘Last Day’’ Defined.  Unless a different time is set by a 
statute, local rule, or court order, the last day ends: 
(A) for electronic filing, at midnight in the court’s time 
zone; and 
(B) for filing by other means, when the clerk’s office is 
scheduled to close. 
(5) ‘‘Next Day’’ Defined. The ‘‘next day’’ is determined by continuing to count forward when the period is measured after an 
event and backward when measured before an event. 
(6) ‘‘Legal Holiday’’ Defined. ‘‘Legal holiday’’ means: 
(A) the day set aside by statute for observing New Year’s 
Day, Martin Luther King Jr.’s Birthday, Washington’s 
Birthday, Memorial Day, Independence Day, Labor Day, 
Columbus Day, Veterans’ Day, Thanksgiving Day, or 
Christmas Day; 
(B) any day declared a holiday by the President or Congress; and 
(C) for periods that are measured after an event, any 
other day declared a holiday by the state where the district court is located. 
(b) Extending Time. 
(1)  In General.  When an act must or may be done within a 
specified period, the court on its own may extend the time, or 
for good cause may do so on a party’s motion made: 
(A) before the originally prescribed or previously extended time expires; or 
(B) after the time expires if the party failed to act because of excusable neglect. 
(2)  Exception.  The court may not extend the time to take 
any action under Rule 35, except as stated in that rule. 
(c) Additional Time After Certain Kinds of Service.  Whenever a 
party must or may act within a specified period after service and 
service is made in the manner provided under Federal Rule of 
Civil Procedure 5(b)(2)(C), (D), (E), or (F), 3 days are added after 
the period would otherwise expire under subdivision (a). 
(As amended Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 
1, 1968; Mar. 1, 1971, eff. July 1, 1971; Apr. 28, 1982, eff. Aug. 1, 1982; 
Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 
29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 30, 2007, 
eff. Dec. 1, 2007; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 
1, 2009.) 

Rule 46. Release from Custody; Supervising Detention 
(a) Before Trial.  The provisions of 18 U.S.C. §§ 3142 and 3144 govern pretrial release. 
(b) During Trial. A person released before trial continues on release during trial under the same terms and conditions. But the 
court may order different terms and conditions or terminate the 
release if necessary to ensure that the person will be present during trial or that the person’s conduct will not obstruct the orderly 
and expeditious progress of the trial. 
(c) Pending Sentencing or Appeal.  The provisions of 18 U.S.C. 
§ 3143 govern release pending sentencing or appeal. The burden of 
establishing that the defendant will not flee or pose a danger to 
any other person or to the community rests with the defendant. 
(d) Pending Hearing on a Violation of Probation or Supervised 
Release. Rule 32.1(a)(6) governs release pending a hearing on a violation of probation or supervised release.
(e) Surety. The court must not approve a bond unless any surety 
appears to be qualified. Every surety, except a legally approved 
corporate surety, must demonstrate by affidavit that its assets 
are adequate. The court may require the affidavit to describe the 
following: 
(1) the property that the surety proposes to use as security; 
(2) any encumbrance on that property; 
(3) the number and amount of any other undischarged bonds 
and bail undertakings the surety has issued; and 
(4) any other liability of the surety. 
(f) Bail Forfeiture. 
(1)  Declaration.  The court must declare the bail forfeited if 
a condition of the bond is breached. 
(2) Setting Aside. The court may set aside in whole or in part 
a bail forfeiture upon any condition the court may impose if: 
(A) the surety later surrenders into custody the person 
released on the surety’s appearance bond; or 
(B) it appears that justice does not require bail forfeiture. 
(3) Enforcement. 
(A)  Default Judgment and Execution. If it does not set 
aside a bail forfeiture, the court must, upon the government’s motion, enter a default judgment. 
(B) Jurisdiction and Service. By entering into a bond, each 
surety submits to the district court’s jurisdiction and irrevocably appoints the district clerk as its agent to receive service of any filings affecting its liability. 
(C) Motion to Enforce. The court may, upon the government’s motion, enforce the surety’s liability without an 
independent action. The government must serve any motion, and notice as the court prescribes, on the district 
clerk. If so served, the clerk must promptly mail a copy to 
the surety at its last known address. 
(4) Remission. After entering a judgment under Rule 46(f)(3), 
the court may remit in whole or in part the judgment under 
the same conditions specified in Rule 46(f)(2). 
(g) Exoneration.  The court must exonerate the surety and release any bail when a bond condition has been satisfied or when 
the court has set aside or remitted the forfeiture. The court must 
exonerate a surety who deposits cash in the amount of the bond 
or timely surrenders the defendant into custody. 
(h) Supervising Detention Pending Trial. 
(1)  In General.  To eliminate unnecessary detention, the 
court must supervise the detention within the district of any 
defendants awaiting trial and of any persons held as material 
witnesses. 
(2) Reports. An attorney for the government must report biweekly to the court, listing each material witness held in custody for more than 10 days pending indictment, arraignment, 
or trial. For each material witness listed in the report, an attorney for the government must state why the witness should 
not be released with or without a deposition being taken under 
Rule 15(a).
(i) Forfeiture of Property. The court may dispose of a charged offense by ordering the forfeiture of 18 U.S.C. § 3142(c)(1)(B)(xi) property under 18 U.S.C. § 3146(d), if a fine in the amount of the property’s value would be an appropriate sentence for the charged offense. 
(j) Producing a Statement. 
(1)  In General. Rule 26.2(a)–(d) and (f) applies at a detention 
hearing under 18 U.S.C. § 3142, unless the court for good cause 
rules otherwise. 
(2)  Sanctions for Not Producing a Statement.  If a party disobeys a Rule 26.2 order to produce a witness’s statement, the 
court must not consider that witness’s testimony at the detention hearing. 
(As amended Apr. 9, 1956, eff. July 8, 1956; Feb. 28, 1966, eff. July 
1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Oct. 12, 1984; Mar. 9, 1987, eff. 
Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 
1, 1993; Sept. 13, 1994; Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 47. Motions and Supporting Affidavits 
(a) In General.  A party applying to the court for an order must 
do so by motion. 
(b) Form and Content of a Motion. A motion—except when made 
during a trial or hearing—must be in writing, unless the court permits the party to make the motion by other means. A motion 
must state the grounds on which it is based and the relief or order 
sought. A motion may be supported by affidavit. 
(c) Timing of a Motion.  A party must serve a written motion— 
other than one that the court may hear ex parte—and any hearing 
notice at least 7 days before the hearing date, unless a rule or 
court order sets a different period. For good cause, the court may 
set a different period upon ex parte application. 
(d) Affidavit Supporting a Motion. The moving party must serve 
any supporting affidavit with the motion. A responding party 
must serve any opposing affidavit at least one day before the hearing, unless the court permits later service. 
(As amended Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 
1, 2009.) 

Rule 48. Dismissal 
(a) By the Government.  The government may, with leave of 
court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the 
defendant’s consent. 
(b) By the Court. The court may dismiss an indictment, information, or complaint if unnecessary delay occurs in: 
(1) presenting a charge to a grand jury; 
(2) filing an information against a defendant; or 
(3) bringing a defendant to trial. 
(As amended Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 49. Serving and Filing Papers 
(a) When Required. A party must serve on every other party any 
written motion (other than one to be heard ex parte), written notice, designation of the record on appeal, or similar paper.
(b) How Made. Service must be made in the manner provided for 
a civil action. When these rules or a court order requires or permits service on a party represented by an attorney, service must 
be made on the attorney instead of the party, unless the court orders otherwise. 
(c) Notice of a Court Order.  When the court issues an order on 
any post-arraignment motion, the clerk must provide notice in a 
manner provided for in a civil action. Except as Federal Rule of 
Appellate Procedure 4(b) provides otherwise, the clerk’s failure to 
give notice does not affect the time to appeal, or relieve—or authorize the court to relieve—a party’s failure to appeal within the 
allowed time. 
(d) Filing. A party must file with the court a copy of any paper 
the party is required to serve. A paper must be filed in a manner 
provided for in a civil action. 
(As amended Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 
1, 1968; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 9, 1987, eff. Aug. 1, 1987; 
Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 
29, 2002, eff. Dec. 1, 2002.) 

Rule 49.1. Privacy Protection For Filings Made with the Court 
(a) Redacted Filings.  Unless the court orders otherwise, in an 
electronic or paper filing with the court that contains an individual’s social-security number, taxpayer-identification number, or 
birth date, the name of an individual known to be a minor, a financial-account number, or the home address of an individual, a 
party or nonparty making the filing may include only; 
(1) the last four digits of the social-security number and taxpayer-identification number; 
(2) the year of the individual’s birth; 
(3) the minor’s initials; 
(4) the last four digits of the financial-account number; and 
(5) the city and state of the home address. 
(b) Exemptions from the Redaction Requirement.  The redaction 
requirement does not apply to the following: 
(1) a financial-account number or real property address that 
identifies the property allegedly subject to forfeiture in a forfeiture proceeding; 
(2) the record of an administrative or agency proceeding; 
(3) the official record of a state-court proceeding; 
(4) the record of a court or tribunal, if that record was not 
subject to the redaction requirement when originally filed; 
(5) a filing covered by Rule 49.1(d); 
(6) a pro se filing in an action brought under 28 U.S.C. §§ 2241, 
2254, or 2255; 
(7) a court filing that is related to a criminal matter or investigation and that is prepared before the filing of a criminal 
charge or is not filed as part of any docketed criminal case; 
(8) an arrest or search warrant; and 
(9) a charging document and an affidavit filed in support of 
any charging document. 
(c) Immigration Cases.  A filing in an action brought under 28 
U.S.C. § 2241 that relates to the petitioner’s immigration rights is 
governed by Federal Rule of Civil Procedure 5.2. 
(d) Filings Made Under Seal.  The court may order that a filing 
be made under seal without redaction. The court may later unseal 
the filing or order the person who made the filing to file a redacted version for the public record. 
(e) Protective Orders. For good cause, the court may by order in 
a case: 
(1) require redaction of additional information; or 
(2) limit or prohibit a nonparty’s remote electronic access to 
a document filed with the court. 
(f) Option for Additional Unredacted Filing Under Seal. A person 
making a redacted filing may also file an unredacted copy under 
seal. The court must retain the unredacted copy as part of the 
record. 
(g) Option for Filing a Reference List. A filing that contains redacted information may be filed together with a reference list 
that identifies each item of redacted information and specifies an 
appropriate identifier that uniquely corresponds to each item listed. The list must be filed under seal and may be amended as of 
right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information. 
(h) Waiver of Protection of Identifiers. A person waives the protection of Rule 49.1(a) as to the person’s own information by filing 
it without redaction and not under seal. 
(As added Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 50. Prompt Disposition 
Scheduling preference must be given to criminal proceedings as 
far as practicable. 
(As amended Apr. 24, 1972, eff. Oct. 1, 1972; Mar. 18, 1974, eff. July 
1, 1974; Apr. 26 and July 8, 1976, eff. Aug. 1, 1976; Apr. 22, 1993, eff. 
Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 51. Preserving Claimed Error 
(a) Exceptions Unnecessary.  Exceptions to rulings or orders of 
the court are unnecessary. 
(b) Preserving a Claim of Error.  A party may preserve a claim 
of error by informing the court—when the court ruling or order is 
made or sought—of the action the party wishes the court to take, 
or the party’s objection to the court’s action and the grounds for 
that objection. If a party does not have an opportunity to object 
to a ruling or order, the absence of an objection does not later 
prejudice that party. A ruling or order that admits or excludes 
evidence is governed by Federal Rule of Evidence 103. 
(As amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 
1, 2002.) 

Rule 52. Harmless and Plain Error 
(a) Harmless Error.  Any error, defect, irregularity, or variance 
that does not affect substantial rights must be disregarded. 
(b) Plain Error. A plain error that affects substantial rights may 
be considered even though it was not brought to the court’s attention. 
(As amended Apr. 29, 2002, eff. Dec. 1, 2002.)

Rule 53. Courtroom Photographing and Broadcasting Prohibited 
Except as otherwise provided by a statute or these rules, the 
court must not permit the taking of photographs in the courtroom 
during judicial proceedings or the broadcasting of judicial proceedings from the courtroom. 
(As amended Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 54. [Transferred] 1      
1 All of Rule 54 was moved to Rule 1

Rule 55. Records 
The clerk of the district court must keep records of criminal 
proceedings in the form prescribed by the Director of the Administrative Office of the United States Courts. The clerk must enter 
in the records every court order or judgment and the date of 
entry. 
(As amended Dec. 27, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 
1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 28, 1983, eff. Aug. 1, 1983; 
Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 56. When Court Is Open 
(a) In General. A district court is considered always open for any 
filing, and for issuing and returning process, making a motion, or 
entering an order. 
(b) Office Hours.  The clerk’s office—with the clerk or a deputy 
in attendance—must be open during business hours on all days except Saturdays, Sundays, and legal holidays. 
(c) Special Hours.  A court may provide by local rule or order 
that its clerk’s office will be open for specified hours on Saturdays 
or legal holidays other than those set aside by statute for observing New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas 
Day. 
(As amended Dec. 27, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 
1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; 
Apr. 25, 1988, eff. Aug. 1, 1988; Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 57. District Court Rules 
(a) In General. 
(1) Adopting Local Rules. 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 must be consistent 
with—but not duplicative of—federal statutes and rules adopted under 28 U.S.C. § 2072 and must conform to any uniform 
numbering system prescribed by the Judicial Conference of 
the United States. 
(2)  Limiting Enforcement.  A local rule imposing a requirement of form must not be enforced in a manner that causes a 
party to lose rights because of an unintentional 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 the 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 was furnished with actual notice of the 
requirement before the noncompliance. 
(c) Effective Date and Notice.  A local rule adopted under this 
rule takes effect on the date specified by the district court and remains 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 local rules and their amendments, when promulgated, must be furnished to the judicial council and the Administrative Office of the United States Courts and must be made available to the public. 
(As amended Dec. 27, 1948, eff. Oct. 20, 1949; Dec. 4, 1967, eff. July 
1, 1968; Apr. 29, 1985, eff. Aug. 1, 1985; Apr. 22, 1993, eff. Dec. 1, 1993; 
Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 29, 2002, eff. Dec. 1, 2002.) 

Rule 58. Petty Offenses and Other Misdemeanors 
(a) Scope. 
(1)  In General.  These rules apply in petty offense and other 
misdemeanor cases and on appeal to a district judge in a case 
tried by a magistrate judge, unless this rule provides otherwise. 
(2)  Petty Offense Case Without Imprisonment.  In a case involving a petty offense for which no sentence of imprisonment 
will be imposed, the court may follow any provision of these 
rules that is not inconsistent with this rule and that the court 
considers appropriate. 
(3)  Definition.  As used in this rule, the term ‘‘petty offense 
for which no sentence of imprisonment will be imposed’’ 
means a petty offense for which the court determines that, in 
the event of conviction, no sentence of imprisonment will be 
imposed. 
(b) Pretrial Procedure. 
(1) Charging Document. The trial of a misdemeanor may proceed on an indictment, information, or complaint. The trial of 
a petty offense may also proceed on a citation or violation notice. 
(2)  Initial Appearance. At the defendant’s initial appearance 
on a petty offense or other misdemeanor charge, the magistrate judge must inform the defendant of the following: 
(A) the charge, and the minimum and maximum penalties, including imprisonment, fines, any special assessment under 18 U.S.C. § 3013, and restitution under 18 U.S.C. 
§ 3556; 
(B) the right to retain counsel; 
(C) the right to request the appointment of counsel if the 
defendant is unable to retain counsel—unless the charge is 
a petty offense for which the appointment of counsel is not 
required; 
(D) the defendant’s right not to make a statement, and 
that any statement made may be used against the defendant; 
(E) the right to trial, judgment, and sentencing before a 
district judge—unless: 
(i) the charge is a petty offense; or 
(ii) the defendant consents to trial, judgment, and 
sentencing before a magistrate judge; 
(F) the right to a jury trial before either a magistrate 
judge or a district judge—unless the charge is a petty offense; and 
(G) any right to a preliminary hearing under Rule 5.1, 
and the general circumstances, if any, under which the defendant may secure pretrial release. 
(3) Arraignment. 
(A)  Plea Before a Magistrate Judge. A magistrate judge 
may take the defendant’s plea in a petty offense case. In 
every other misdemeanor case, a magistrate judge may 
take the plea only if the defendant consents either in writing or on the record to be tried before a magistrate judge 
and specifically waives trial before a district judge. The 
defendant may plead not guilty, guilty, or (with the consent of the magistrate judge) nolo contendere. 
(B) Failure to Consent. Except in a petty offense case, the 
magistrate judge must order a defendant who does not consent to trial before a magistrate judge to appear before a 
district judge for further proceedings. 
(c) Additional Procedures in Certain Petty Offense Cases.  The 
following procedures also apply in a case involving a petty offense 
for which no sentence of imprisonment will be imposed: 
(1)  Guilty or Nolo Contendere Plea.  The court must not accept a guilty or nolo contendere plea unless satisfied that the 
defendant understands the nature of the charge and the maximum possible penalty. 
(2) Waiving Venue. 
(A)  Conditions of Waiving Venue. If a defendant is arrested, held, or present in a district different from the one 
where the indictment, information, complaint, citation, or 
violation notice is pending, the defendant may state in 
writing a desire to plead guilty or nolo contendere; to 
waive venue and trial in the district where the proceeding 
is pending; and to consent to the court’s disposing of the 
case in the district where the defendant was arrested, is 
held, or is present. 
(B)  Effect of Waiving Venue. Unless the defendant later 
pleads not guilty, the prosecution will proceed in the district where the defendant was arrested, is held, or is 
present. The district clerk must notify the clerk in the 
original district of the defendant’s waiver of venue. The 
defendant’s statement of a desire to plead guilty or nolo 
contendere is not admissible against the defendant. 
(3) Sentencing. The court must give the defendant an opportunity to be heard in mitigation and then proceed immediately to sentencing. The court may, however, postpone sentencing to allow the probation service to investigate or to permit either party to submit additional information. 
(4) Notice of a Right to Appeal. After imposing sentence in a 
case tried on a not-guilty plea, the court must advise the defendant of a right to appeal the conviction and of any right to 
appeal the sentence. If the defendant was convicted on a plea 
of guilty or nolo contendere, the court must advise the defendant of any right to appeal the sentence. 
(d) Paying a Fixed Sum in Lieu of Appearance. 
(1) In General. If the court has a local rule governing forfeiture of collateral, the court may accept a fixed-sum payment 
in lieu of the defendant’s appearance and end the case, but the 
fixed sum may not exceed the maximum fine allowed by law. 
(2)  Notice to Appear.  If the defendant fails to pay a fixed 
sum, request a hearing, or appear in response to a citation or 
violation notice, the district clerk or a magistrate judge may 
issue a notice for the defendant to appear before the court on 
a date certain. The notice may give the defendant an additional opportunity to pay a fixed sum in lieu of appearance. 
The district clerk must serve the notice on the defendant by 
mailing a copy to the defendant’s last known address. 
(3)  Summons or Warrant.  Upon an indictment, or upon a 
showing by one of the other charging documents specified in 
Rule 58(b)(1) of probable cause to believe that an offense has 
been committed and that the defendant has committed it, the 
court may issue an arrest warrant or, if no warrant is requested by an attorney for the government, a summons. The 
showing of probable cause must be made under oath or under 
penalty of perjury, but the affiant need not appear before the 
court. If the defendant fails to appear before the court in response to a summons, the court may summarily issue a warrant for the defendant’s arrest. 
(e) Recording the Proceedings.  The court must record any proceedings under this rule by using a court reporter or a suitable recording device. 
(f) New Trial. Rule 33 applies to a motion for a new trial. 
(g) Appeal. 
(1)  From a District Judge’s Order or Judgment.  The Federal 
Rules of Appellate Procedure govern an appeal from a district 
judge’s order or a judgment of conviction or sentence. 
(2) From a Magistrate Judge’s Order or Judgment. 
(A)  Interlocutory Appeal. Either party may appeal an 
order of a magistrate judge to a district judge within 14 
days of its entry if a district judge’s order could similarly 
be appealed. The party appealing must file a notice with 
the clerk specifying the order being appealed and must 
serve a copy on the adverse party. 
(B) Appeal from a Conviction or Sentence. A defendant may 
appeal a magistrate judge’s judgment of conviction or sentence to a district judge within 14 days of its entry. To appeal, the defendant must file a notice with the clerk specifying the judgment being appealed and must serve a copy 
on an attorney for the government. 
(C) Record. The record consists of the original papers and 
exhibits in the case; any transcript, tape, or other recording of the proceedings; and a certified copy of the docket 
entries. For purposes of the appeal, a copy of the record of 
the proceedings must be made available to a defendant 
who establishes by affidavit an inability to pay or give security for the record. The Director of the Administrative
Office of the United States Courts must pay for those copies. 
(D)  Scope of Appeal. The defendant is not entitled to a 
trial de novo by a district judge. The scope of the appeal 
is the same as in an appeal to the court of appeals from a 
judgment entered by a district judge. 
(3) Stay of Execution and Release Pending Appeal. Rule 38 applies to a stay of a judgment of conviction or sentence. The 
court may release the defendant pending appeal under the law 
relating to release pending appeal from a district court to a 
court of appeals. 
(As added May 1, 1990, eff. Dec. 1, 1990; amended Apr. 30, 1991, eff. 
Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 11, 1997, eff. Dec. 
1, 1997; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 12, 2006, eff. Dec. 1, 2006; 
Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 59. Matters Before a Magistrate Judge 
(a) Nondispositive Matters. A district judge may refer to a magistrate judge for determination any matter that does not dispose 
of a charge or defense. The magistrate judge must promptly conduct the required proceedings and, when appropriate, enter on the 
record an oral or written order stating the determination. A party 
may serve and file objections to the order within 14 days after 
being served with a copy of a written order or after the oral order 
is stated on the record, or at some other time the court sets. The 
district judge must consider timely objections and modify or set 
aside any part of the order that is contrary to law or clearly erroneous. Failure to object in accordance with this rule waives a party’s right to review. 
(b) Dispositive Matters. 
(1)  Referral to Magistrate Judge.  A district judge may refer 
to a magistrate judge for recommendation a defendant’s motion to dismiss or quash an indictment or information, a motion to suppress evidence, or any matter that may dispose of 
a charge or defense. The magistrate judge must promptly conduct the required proceedings. A record must be made of any 
evidentiary proceeding and of any other proceeding if the magistrate judge considers it necessary. The magistrate judge 
must enter on the record a recommendation for disposing of 
the matter, including any proposed findings of fact. The clerk 
must immediately serve copies on all parties. 
(2)  Objections to Findings and Recommendations.  Within 14 
days after being served with a copy of the recommended disposition, or at some other time the court sets, a party may 
serve and file specific written objections to the proposed findings and recommendations. Unless the district judge directs 
otherwise, the objecting party must promptly arrange for 
transcribing the record, or whatever portions of it the parties 
agree to or the magistrate judge considers sufficient. Failure 
to object in accordance with this rule waives a party’s right 
to review. 
(3)  De Novo Review of Recommendations.  The district judge 
must consider de novo any objection to the magistrate judge’s 
recommendation. The district judge may accept, reject, or
modify the recommendation, receive further evidence, or resubmit the matter to the magistrate judge with instructions. 
(As added Apr. 25, 2005, eff. Dec. 1, 2005; amended Mar. 26, 2009, eff. 
Dec. 1, 2009.) 

Rule 60. Victim’s Rights 
(a) In General. 
(1) Notice of a Proceeding. The government must use its best 
efforts to give the victim reasonable, accurate, and timely notice of any public court proceeding involving the crime. 
(2)  Attending the Proceeding.  The court must not exclude a 
victim from a public court proceeding involving the crime, unless the court determines by clear and convincing evidence 
that the victim’s testimony would be materially altered if the 
victim heard other testimony at that proceeding. In determining whether to exclude a victim, the court must make every 
effort to permit the fullest attendance possible by the victim 
and must consider reasonable alternatives to exclusion. The 
reasons for any exclusion must be clearly stated on the record. 
(3)  Right to Be Heard on Release, a Plea, or Sentencing.  The 
court must permit a victim to be reasonably heard at any public proceeding in the district court concerning release, plea, or 
sentencing involving the crime. 
(b) Enforcement and Limitations. 
(1) Time for Deciding a Motion. The court must promptly decide any motion asserting a victim’s rights described in these 
rules. 
(2) Who May Assert the Rights. A victim’s rights described in 
these rules may be asserted by the victim, the victim’s lawful 
representative, the attorney for the government, or any other 
person as authorized by 18 U.S.C. § 3771(d) and (e). 
(3)  Multiple Victims.  If the court finds that the number of 
victims makes it impracticable to accord all of them their 
rights described in these rules, the court must fashion a reasonable procedure that gives effect to these rights without unduly complicating or prolonging the proceedings. 
(4) Where Rights May Be Asserted. A victim’s rights described 
in these rules must be asserted in the district where a defendant is being prosecuted for the crime. 
(5)  Limitations on Relief.  A victim may move to reopen a 
plea or sentence only if: 
(A) the victim asked to be heard before or during the 
proceeding at issue, and the request was denied; 
(B) the victim petitions the court of appeals for a writ of 
mandamus within 10 days after the denial, and the writ is 
granted; and 
(C) in the case of plea, the accused has not pleaded to the 
highest offense charged. 
(6)  No New Trial.  A failure to afford a victim any right described in these rules is not grounds for a new trial. 
(As added Apr. 23, 2008, eff. Dec. 1, 2008.) 

Rule 61. Title 
These rules may be known and cited as the Federal Rules of 
Criminal Procedure. 
(As amended Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 23, 2008, eff. Dec. 
1. 2008.) 
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