New Federal Criminal Rules Take Effect

Via Federal Defender David Beneman in Maine:

New Federal Rules take effect December 1, 2006.

Criminal Rules 5, 6, 32.1, 40, 41, and 58.

Evidence Rules 404, 408, 606, and 609.

Appellate Rule 25 and new Appellate Rule 32.1

Criminal Rules:

Criminal Rule 5 (Initial Appearance) (allows the government to transmit certain documents to the court by reliable electronic means) (PDF)

Criminal Rule 6 (Grand Jury) (technical amendment implementing the Intelligence Reform and Terrorism Prevention Act of 2004) (PDF)

Criminal Rule 32.1 (Revoking or Modifying Probation or Supervised Release) (allows the government to transmit certain documents to the court by reliable electronic means) (PDF)

Criminal Rule 40 (Arrest for Failing to Appear in Another District) (expressly authorizes a magistrate judge in the district of arrest to set conditions of release for an arrestee who not only fails to appear but also violates any other condition of release) (PDF)

Criminal Rule 41 (Search and Seizure) (allows the government to transmit certain documents to the court by reliable electronic means) (PDF)

Criminal Rule 58 (Petty Offenses and Other Misdemeanors) (eliminates a conflict between the rule and Criminal Rule 5.1 concerning the right to a preliminary hearing and clarifies the advice that must be given to a defendant during an initial appearance) (PDF)

Evidence Rules:

Evidence Rule 404 (Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes) (clarifies that evidence of a person's character is never admissible to prove conduct in a civil case) (PDF)

Evidence Rule 408 (Compromise and Offers to Compromise) (resolves conflicts in caselaw about statements and offers made during settlement negotiations admitted as evidence of fault or used for impeachment purposes). (PDF)

Evidence Rule 606 (Competency of Juror as Witness) (clarifies that juror testimony may be received only for very limited purposes, including to prove that the verdict reported was the result of a clerical mistake) (PDF)

Evidence Rule 609 (Impeachment by Evidence of Conviction of Crime) (permits automatic impeachment only when an element of the crime requires proof of deceit or if the underlying act of deceit readily can be determined from information such as the charging instrument) (PDF)

Appellate Rule:

Appellate Rule 25 (Filing and Service) (authorizes courts to adopt local rules requiring electronic filing) (PDF)

New Rule 32.1. Citing Judicial Dispositions

(a) Citation Permitted. A court may not prohibit or restrict the citation of federal judicial opinions, orders, judgments, or other written dispositions that have been:

(i) designated as “unpublished,” “not for publication,” “non-precedential,” “not precedent,” or the like; and

(ii) issued on or after January 1, 2007.

(b) Copies Required. If a party cites a federal judicial opinion, order, judgment, or other written disposition that is not available in a publicly accessible electronic database, the party must file and serve a copy of that opinion, order, judgment, or disposition with the brief or other paper in which it is cited.

Please note that new Appellate Rule 32.1(a) applies only to unpublished opinions issued on or after January 1, 2007.)

For the complete text of rules go here.

< Tag, You're It: For 40 Years | TSA to have backscatter virtual nudity scanner in Phoenix airport by Christmas >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft

  • Display: Sort:
    OK, I'll bite (none / 0) (#1)
    by Sailor on Fri Dec 01, 2006 at 09:05:08 PM EST
    Aren't most rules enacted by the Feds criminal?

    Thanks, I'll be here all week. Enjoy the veal and remember to tip your bartenders and waitresses.