Originally From:
Federal Criminal Procedure Litigation Manual 2016 – Hardcover Edition
Federal Criminal Procedure Litigation Manual 2016 – PDF eBook
Rule 1. Scope; Definitions
(a) Scope.
(1) In General. These rules govern the procedure in all criminal
proceedings in the United States district courts, the United States courts of
appeals, and the Supreme Court of the United States.
(2) State or Local Judicial Officer. When a rule so states, it applies to a
proceeding before a state or local judicial officer.
(3) Territorial Courts. These rules also govern the procedure in all
criminal proceedings in the following courts:
(A) the district court of Guam;
(B) the district court for the Northern Mariana Islands, except as
otherwise provided by law; and
(C) the district court of the Virgin Islands, except that the
prosecution of offenses in that court must be by indictment or information
as otherwise provided by law.
(4) Removed Proceedings. Although these rules govern all proceedings
after removal from a state court, state law governs a dismissal by the
prosecution.
(5) Excluded Proceedings. Proceedings not governed by these rules
include:
(A) the extradition and rendition of a fugitive;
(B) a civil property forfeiture for violating a federal statute;
(C) the collection of a fine or penalty;
(D) a proceeding under a statute governing juvenile delinquency to
the extent the procedure is inconsistent with the statute, unless Rule 20(d)
provides otherwise;
(E) a dispute between seamen under 22 U.S.C. §§ 256-258; and
(F) a proceeding against a witness in a foreign country under 28
U.S.C. § 1784.
(b) Definitions. The following definitions apply to these rules:
(1) “Attorney for the government” means:
(A) the Attorney General or an authorized assistant;
Stephen A. Saltzburg is the Wallace and Beverley Woodbury University Professor
of Law at The George Washington University Law School. Professor Saltzburg is a
leading national expert on evidence and criminal procedure. His numerous writings
include the FEDERAL RULES OF EVIDENCE MANUAL, a six-volume treatise on the
Federal Rules of Evidence. He is the former Reporter for, and member of, the Federal
Rules of Criminal Procedure Advisory Committee and a former member of the
Federal Rules of Evidence Advisory Committee. He served as an American Bar
Association representative to the Advisory Committee on the Federal Rules of
Evidence during the "restyling" of the Rules. Before taking his current teaching
position, he taught for many years at the University of Virginia and served as Deputy
Assistant Attorney General in the Criminal Division of the U.S. Department of
Justice. He has also served as an Ex-Officio Member of the United States Sentencing
Commission and as the Director of the Tax Refund Fraud Task Force for the U.S.
Treasury Department.
David A. Schlueter is the Hardy Professor of Law and Director of Advocacy
Programs at St. Mary's University School of Law in San Antonio, Texas. Professor
Schlueter teaches evidence, trial advocacy, and constitutional law and has served as
both a criminal trial and appellate counsel. He has authored, co-authored, or edited
fourteen books on procedure, advocacy, and evidence, including the two volume
work, FEDERAL EVIDENCE TACTICS. Before joining the faculty at St. Mary's in 1983,
he served on active duty as an Army JAGC and for two years as legal counsel for the
Supreme Court of the United States. He is a fellow in the American Law Institute and
a Life Fellow in the American Bar Foundation. From 1988 until 2005, he served as
the Reporter for the Federal Rules of Criminal Procedure Advisory Committee.