Section 26 – Taking Testimony

by | May 8, 2021 | Criminal Procedure, Federal

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. §§ 2072-2077.18 APPENDIX U.S.C. § 26As amended Nov. 20, 1972, eff. July 1, 1975; Apr. 29, 2002, eff. Dec. 1, 2002.NOTES OF...

Section 25 – Judge’s Disability

by | May 8, 2021 | Criminal Procedure, Federal

(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...

Section 24 – Trial Jurors

by | May 8, 2021 | Criminal Procedure, Federal

(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...

Section 23 – Jury or Nonjury Trial

by | May 8, 2021 | Criminal Procedure, Federal

(a) JURY TRIAL. If the defendant is entitled to a jury trial, the trial must be by jury unless:(1) the defendant waives a jury trial in writing;(2) the government consents; and(3) the court approves.(b) JURY SIZE. (1)In General. A jury consists of 12 persons unless...

Section 21 – Transfer for Trial

by | May 8, 2021 | Criminal Procedure, Federal

(a) FOR PREJUDICE. Upon the defendant’s motion, the court must transfer the proceeding against that defendant to another district if the court is satisfied that so great a prejudice against the defendant exists in the transferring district that the defendant...