Journal Title

Criminal Justice





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There are a number of amendments to the Federal Rules of Criminal Procedure and Evidence which were approved and would become effective as of December 1, 2005. The amendment to Criminal Rule 12.2 permits the court to exclude evidence on a defendant’s mental condition if the defense failed to submit a mental examination. The amendment to Criminal Rules 29, 33, and 34 all concern the timing of requests for extensions of time. Criminal Rule 45 will be amended to conform with the changes to Rules 29, 33, and 34. The amendment to Criminal Rule 32.1 provides a right of allocution to a person facing revocation or modification of probation or supervised release. The new Criminal Rule 59 addresses appeals of decisions by magistrate judges.

Additionally, there were a number of amendments published for public comment in August 2005. The amendment to Criminal Rule 11 would eliminate the requirement that the court advise a defendant during plea colloquy that it must apply the U.S. Sentencing Guidelines. Criminal Rule 32 would be amended to clarify that the court may require the probation office to include in the presentence report information relevant to factors set out in 18 U.S.C. § 3553(a). Criminal Rule 35(b)(1)(B) would be deleted from Criminal Rule 35. The amendment to Criminal Rule 45 would clarify the computation of an additional three days when service is made by mail, leaving with the clerk of court, or electronic means under Civil Rule 5. Finally, Criminal Rule 49.1 would be created in order to address security and privacy issues resulting from electronic case filings.

Recommended Citation

David A. Schlueter, Federal Rules Update: Who Makes the Rules?, 20 Crim. Just. 58 (2005).

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