Federal Rules of Criminal Procedure, December 1, 2025

Rule 15. Depositions

(a) When Taken. (1) In General. A party may move that a prospective witness be deposed in order to preserve testimony for trial. The court may grant the motion because of exceptional circumstances and in the interest of justice. If the court orders the deposi- tion to be taken, it may also require the deponent to produce at the deposition any designated material that is not privi- leged, including any book, paper, document, record, recording, or data. (2) Detained Material Witness. A witness who is detained under 18 U.S.C. § 3144 may request to be deposed by filing a written motion and giving notice to the parties. The court may then order that the deposition be taken and may dis- charge the witness after the witness has signed under oath the deposition transcript. (b) Notice. (1) In General. A party seeking to take a deposition must give every other party reasonable written notice of the deposi- tion’s date and location. The notice must state the name and address of each deponent. If requested by a party receiving the notice, the court may, for good cause, change the deposition’s date or location. (2) To the Custodial Officer. A party seeking to take the dep- osition must also notify the officer who has custody of the de- fendant of the scheduled date and location. (c) Defendant’s Presence. (1) Defendant in Custody. Except as authorized by Rule 15(c)(3), the officer who has custody of the defendant must produce the defendant at the deposition and keep the defend- ant in the witness’s presence during the examination, unless the defendant: (A) waives in writing the right to be present; or (B) persists in disruptive conduct justifying exclusion after being warned by the court that disruptive conduct will result in the defendant’s exclusion. (2) Defendant Not in Custody. Except as authorized by Rule 15(c)(3), a defendant who is not in custody has the right upon request to be present at the deposition, subject to any condi- tions imposed by the court. If the government tenders the de- fendant’s expenses as provided in Rule 15(d) but the defendant

Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 49. Serving and Filing Papers

(a) Service on a Party. (1) What is Required. Each of the following must be served on every party: any written motion (other than one to be heard ex parte), written notice, designation of the record on appeal, or similar paper. (2) Serving a Party’s Attorney. Unless the court orders other- wise, 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. (3) Service by Electronic Means. (A) Using the Court’s Electronic-Filing System. A party rep- resented by an attorney may serve a paper on a registered user by filing it with the court’s electronic-filing system. A party not represented by an attorney may do so only if allowed by court order or local rule. Service is complete upon filing, but is not effective if the serving party learns that it did not reach the person to be served.

Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 5.1. Preliminary Hearing

to believe an offense has been committed and the defendant com- mitted it, the magistrate judge must promptly require the defend- ant to appear for further proceedings. (f) Discharging the Defendant. If the magistrate judge finds no probable cause to believe an offense has been committed or the de- fendant committed it, the magistrate judge must dismiss the com- plaint and discharge the defendant. A discharge does not preclude the government from later prosecuting the defendant for the same offense. (g) Recording the Proceedings. The preliminary hearing must be recorded by a court reporter or by a suitable recording device. A recording of the proceeding may be made available to any party upon request. A copy of the recording and a transcript may be pro- vided to any party upon request and upon any payment required by applicable Judicial Conference regulations. (h) Producing a Statement. (1) In General. Rule 26.2(a)–(d) and (f) applies at any hearing under this rule, unless the magistrate judge for good cause rules otherwise in a particular case. (2) Sanctions for Not Producing a Statement. If a party dis- obeys a Rule 26.2 order to deliver a statement to the moving party, the magistrate judge must not consider the testimony of a witness whose statement is withheld.

Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 12. Pleadings and Pretrial Motions

(a) Pleadings. The pleadings in a criminal proceeding are the in- dictment, the information, and the pleas of not guilty, guilty, and nolo contendere. (b) Pretrial Motions. (1) In General. A party may raise by pretrial motion any de- fense, objection, or request that the court can determine with- out a trial on the merits. Rule 47 applies to a pretrial motion. (2) Motions That May Be Made at Any Time. A motion that the court lacks jurisdiction may be made at any time while the case is pending. (3) Motions That Must Be Made Before Trial. The following defenses, objections, and requests must be raised by pretrial motion if the basis for the motion is then reasonably available and the motion can be determined without a trial on the mer- its: (A) a defect in instituting the prosecution, including: (i) improper venue; (ii) preindictment delay; (iii) a violation of the constitutional right to a speedy trial; (iv) selective or vindictive prosecution; and (v) an error in the grand-jury proceeding or prelimi- nary hearing; (B) a defect in the indictment or information, including: (i) joining two or more offenses in the same count (duplicity); (ii) charging the same offense in more than one count (multiplicity); (iii) lack of specificity; (iv) improper joinder; and (v) failure to state an offense; (C) suppression of evidence; (D) severance of charges or defendants under Rule 14; and (E) discovery under Rule 16. (4) Notice of the Government’s Intent to Use Evidence. (A) At the Government’s Discretion. At the arraignment or as soon afterward as practicable, the government may no- tify the defendant of its intent to use specified evidence at

Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 26.2. Producing a Witness’s Statement

(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 re- lates to the subject matter of the witness’s testimony. (b) Producing the Entire Statement. If the entire statement re- lates 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 de- liver 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 ‘‘state- ment’’ 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.

Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 47. Motions and Supporting Affidavits

(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 per- mits 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 hear- ing, unless the court permits later service.

Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 21. Transfer for Trial

(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 de- fendant exists in the transferring district that the defendant can- not obtain a fair and impartial trial there. (b) For Convenience. Upon the defendant’s motion, the court may transfer the proceeding, or one or more counts, against that defendant to another district for the convenience of the parties, any victim, and the witnesses, and in the interest of justice. (c) Proceedings on Transfer. When the court orders a transfer, the clerk must send to the transferee district the file, or a cer- tified copy, and any bail taken. The prosecution will then con- tinue in the transferee district. (d) Time to File a Motion to Transfer. A motion to transfer may be made at or before arraignment or at any other time the court or these rules prescribe. (As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 28, 2010, eff. Dec. 1, 2010.)

Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 29. Motion for a Judgment of Acquittal

(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 of- fense for which the evidence is insufficient to sustain a convic- tion. 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 evi- dence, 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 de- cide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having re- turned a verdict. If the court reserves decision, it must decide the motion on the basis of the evidence at the time the ruling was re- served.

Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 33. New Trial

(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.

Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 17.1. Pretrial Conference

On its own, or on a party’s motion, the court may hold one or more pretrial conferences to promote a fair and expeditious trial. When a conference ends, the court must prepare and file a memo- randum of any matters agreed to during the conference. The gov- ernment may not use any statement made during the conference by the defendant or the defendant’s attorney unless it is in writ- ing and is signed by the defendant and the defendant’s attorney.

Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 18. Place of Prosecution and Trial

Unless a statute or these rules permit otherwise, the govern- ment must prosecute an offense in a district where the offense was committed. The court must set the place of trial within the dis- trict with due regard for the convenience of the defendant, any victim, and the witnesses, and the prompt administration of jus- tice.

Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 37. Indicative Ruling on a Motion for Relief That Is Barred

(3) state either that it would grant the motion if the court of appeals remands for that purpose or that the motion raises a substantial issue. (b) Notice to the Court of Appeals. The movant must promptly notify the circuit clerk under Federal Rule of Appellate Procedure 12.1 if the district court states that it would grant the motion or that the motion raises a substantial issue. (c) Remand. The district court may decide the motion if the court of appeals remands for that purpose. (As added Apr. 23, 2012, eff. Dec. 1, 2012.)

Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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Rule 26.3. Mistrial

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.)

Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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