Section 57 – District Court Rules

by | May 8, 2021 | Criminal Procedure, Federal

(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...

Section 56 – When Court Is Open

by | May 8, 2021 | Criminal Procedure, Federal

(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...

Section 55 – Records

by | May 8, 2021 | Criminal Procedure, Federal

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.18...

Section 54 – Transferred] [1]

by | May 8, 2021 | Criminal Procedure, Federal

1 All of Rule 54 was moved to Rule 1.18 APPENDIX U.S.C. § 54COMMITTEE NOTES ON RULES-2002 AMENDMENT Certain provisions in current Rule 54 have been moved to revised Rule 1 as part of a general restyling of the Criminal Rules to make them more easily understood and to...

Section 52 – Harmless and Plain Error

by | May 8, 2021 | Criminal Procedure, Federal

(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...