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Amendments to the Federal Rules of Criminal Procedure (U.S. 04/23/2012)

April 23, 2012

AMENDMENTS TO THE FEDERAL RULES OF CRIMINAL PROCEDURE


ORDERED:

Rule 5. Initial Appearance

(c) Place of Initial Appearance; Transfer to Another District.

(4) Procedure for Persons Extradited to the United States. If the defendant is surrendered to the United States in accordance with a request for the defendant's extradition, the initial appearance must be in the district (or one of the districts) where the offense is charged.

Rule 15. Depositions

(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 defendant 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 conditions imposed by the court. If the government tenders the defendant's expenses as provided in Rule 15(d) but the defendant still fails to appear, the defendant -- absent good cause -- waives both the right to appear and any objection to the taking and use of the deposition based on that right.

(3) Taking Depositions Outside the United States Without the Defendant's Presence.

The deposition of a witness who is outside the United States may be taken without the defendant's presence if the court makes casespecific findings of all the following:

(A) the witness's testimony could provide substantial proof of a material fact in a felony prosecution;

(B) there is a substantial likelihood that the witness's attendance at ...


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