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Federal Rules of Criminal Procedure Deadlines

Federal Rules of Criminal Procedure – deadlines, etc

Rule 5.1:

within 10 days of arrest if in custody
within 20 days of arrest is not in custody
may be extend by agreement of parties for good cause
if defendant objects – court may extend if "extraordinary circumstances exist and justice requires delay"

Rule 6:

16 to 23 members
12 must concur to indict
May not serve more than 18 months unless court determines it is in the "public's interest" – may extend for 6 months

Rule 7:

Motion for Bill of Particulars – requesting the facts supporting the allegations in the indictment/information – must be filed within 10 days after arraignment

Rule 12:

Alleging a defect in instituting the prosecution
Defect in the charging doc – unless jurisdictional/or does not state an offense

Motion to suppress
Motion to sever
Motion for discovery

Rule 12.1

after request from the government – 10 days to provide notice of alibi defense, including the place and the witness and their contact information
Then Gov must disclose within 10 days after receiving notice (but not later than 10 days before trial) the pertaining witness to place def and scene of offense
Undisclosed witnesses may be excluded
Continuing duty to disclose – court may grant exceptions for good cause

Rule 12.2

Must notify the gov as determined by pre-trial order of intent to use Insanity Defense/Offer Expert Evidence of Mental Condition

Rule 12.3

State must file written response to Notice of Public-Authority Defense within 10 days, but not later than 20 days before trial
State may request notice of witnesses – must be at least 20 days before trial
Defense has 7 days to respond providing witnesses
State has 7 days to respond providing witnesses after getting the defense witnesses

Rule 12.4

Corporate parties must file a disclosure statement at the intial appearance

Rule 16

Government's Disclosure -Upon def's request – must disclose/permit inspection or copying of

def's oral statements before or after arrest in response to interrogation
Defendant's Written or Recorded Statements – in response to interrogation or before the grand jury
Organizational defendants – statements of agents of the organizational defendant
Defendant's Prior Record
Documents and Objects – if material to prepare the defense, will be offered in case-in-chief, or defendant's property
Reports of Examinations and Tests
Expert witnesses – provide a written summary of testimony – opinions, basis, qualifications
Witness statements controlled by 18 USC 3500 – get them after direct exam – part of statement that relates to testimony – if gov does not compyàstrike testimony

Defendant's Disclosure - If def requests and gov complies – def must disclose/permit inspection or copying of

Documents and Objects - that defendant intends to use in case-in-chief
Reports of Examinations and Tests – intends to use in case-in-chief or relates to a witness's testimony
Expert Witnesses – provide a written summary of testimony – if gov has disclosed as required or def has given notice of intent to present expert testimony on mental condition
No duty to disclose witness statements pretrial – made to def or def team – see 26.2.

Rule 17

def must pay witness fees unless files an Ex Parte Application showing inability to pay/necessity of the witness
No party may sub witness statements

Rule 20

must be made at or before arraignment

Rule 24

20 peremptory challenges in Capital Cases for each side
Gov has 6 – Def or Defs have 10 total for felonies
Each side has 3 in misdemeanors
may empanel up to 6 alternate jurors – additional peremptories

1 for 1 or 2
2 for 3 or 4
3 for 5 or 6

Rule 26.2

applies at trial, suppression hearing, preliminary hearing, sentencing, revocation/modifications, detention hearings, writ of habeas corpus/federal custody

Rule 29

after gov closes evidence,
after the close of all evidence
within 7 days after a guilty verdict
if court sets aside guilty verdict – may conditionally grant or deny a new trial if the acquittal is later reversed

if court conditionally denies a new trial – appellate court may order new trial if the denial is erroneous

Rule 30

Must object to instructions before jury retires and deliberates- waive appellate review unless "plain error"

Rule 32

probation must give the PSR to all parties at least 35 days before sentencing unless def waives
Objections to PSR must be in writing with 14 days after receiving the PSR – probation can revise
At least 7 days prior to sentencing – probation must submit the PSR to the court/parties plus an addendum with any unresolved objections
Court must give "reasonable notice" of intent to depart from guidelines

Rule 32.3

Court should enter a preliminary order of forfeiture after a verdict of guilty

determine whether "the gov has established the requisite nexus between the property and the offense"
at a party's request – a jury may determine the "nexus" issue
Order allows AG to seize and conduct discovery to id., locate, or dispose of property
prelim order becomes final at judgment
no right to jury trial for subsequently located property found in discovery

Rule 33

based on "newly discovered evidence" – within 3 years after verdict of guilty – unless an appeal is pending

any other grounds – within 7 days after the verdict or finding of guilty

Rule 34

Arresting Judgment – indictment does not charge an offense or court has no jurisdiction motion to arrest judgment must be filed within 7 days after verdict or plea

Rule 35

"arithmetical or technical error" – within 7 days after sentencing
For "Substantial Assistance" – within 1 year after sentencing – def helped to investigate another person after they were sentenced

may file later if –

info was not known to the def until more than a year after sentencing,
provide within a year but not useful to gov until later, OR
usefulness of the information could not reas have been anticipated by the defendant until more than a year after sentencing – then promptly tendere

may go below the minimum sentence establish by statute

Rule 41

Authority to issue warrants –

for persons or property INSIDE the district -magistrate with authority in the district or (if none reas available) judge of a state court of record (not jp's) –
person or property inside the district BUT may move/be moved before the warrant is executed - magistrate with authority in the district ("MWAITD")
Activities related to TERRORISM – "MWAITD" within or OUTSIDE the district
"MWAITD" – may authorize INSTALLATION of tracking device – may monitor outside the district, too

Warrant by telephonic or other means – by "MWAITD"
place affiant under oath – read from "proposed duplicate original warrant"

record it/have a court reporter/write it down verbatim – enter it into "Original Warrant"

if fax – may serve as original
judge may modify and fax back or instruct to modify
sign "Original" with date and time –send it electronically or direct applicant to sign the judge's name

transcribe if necessary/certify it/file with clerk

Warrants must be executed within 10 days

during the daytime unless good cause authorizes in the warrant

Warrant for tracking device

may not exceed 45 days – may grant extensions for additional 45 day periods for good cause
Must complete the installation within a specified time no longer than 10 days
must enter on the warrant the exact time and date installed
return the warrant within 10 days after period ends to the judge – showing the exact period
serve a copy of the warrant on the person tracked within 10 days after use has ended

Executing and Returning the Warrant

date and time
inventory – witnessed by another officer and person from whom the property was taken – or in front of at least one other credible person

Motion to return Property – file in district court where property was seized

Rule 43

not required –

organizational defendant
misdemeanor (with def written consent)
conference on a legal question
sentence correction

waives right to be present if

voluntary absence after trial begins
non-capital voluntary absence during sentencing, or
persistent disruptive behavior

Rule 45

day of event excluded
exclude Saturdays, Sundays, legal holidays, inaccessible courthouse (bad weather) if period is less than 11 days
include the last day unless an "excluded day"
court may extend on its own motion for good cause –

on party's motion if filed before time expires
after time expires if party failed to act because of "excusable neglect"

if you don't fax it or personally serve it – add 3 days to the period

Rule 46

Gov must report every 2 weeks listing material witnesses held in custody for more than 10 days – state why they should not be released

Rule 47

must be in writing unless during trial or hearing
must serve motion and any hearing notice at least 5 days before hearing date – unless a rule or court order says differently
responding party must serve opposing affidavits at least one day before hearing

Rule 48

Gov may not dismiss during trial without the defendant's consent
Court may dismiss for unnecessary delay in

presenting to the grand jury
filing an information
bringing a defendant to trial

Rule 52

Harmless error – any error, defect, irregularity, or variance that does not affect substantial rights must be disregarded
Plain error – error that affects substantial rights may be considered even though it was not brought to the court's attention

Rule 58

appeal to district judge from magistrate within 10 days – not trial de novo – district judge acts as appellate court

Rule 59

May refer any matter that does not dispose of a charge or defense
Parties may object to orders of magistrate within 10 days – district judge may set aside rulings that are "contrary to the law" or "clearly erroneous"
Dispositive matters can go before a magistrate – decided as "recommendations"

must object within 10 days
must get a record on relevant portions unless district judge says otherwise
district judge considers de novo any objection – accepts, rejects, or modifies recommendation

Dallas County: Dallas, Irving, Rowlett, Garland, Mesquite, Richardson, Sunnyvale

Kaufman County: Kaufman, Terrell, Crandall, Forney

Rockwall County: Rockwall, Royce City, Heath

Collin County: Frisco, McKinney, Carrollton, Plano, Garland, Richardson