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.) 

(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.) 

(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.) 

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.) 

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.)

(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.)

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.) 

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.) 

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.) 

(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.) 

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.) 

(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.) 

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.)

(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.) 

(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.) 

(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.) 

(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.) 

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.) 

(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.) 

(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.) 

(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.) 

(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.) 

(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.) 

(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.) 

(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.) 

(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.) 

(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.) 

(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.) 

(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.) 

(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.) 

(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.) 

(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.)

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

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.) 

(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.) 

(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.) 

(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.) 

(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. 

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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