Journal Title

Criminal Justice





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A number of Federal Rules of Procedure and Evidence are scheduled for amendment on December 1, 2006, unless Congress amends them further or disapproves of the changes. The amendment to Rule 5 would remove a conflict between Rule 58 and Rule 5.1(a) concerning when a defendant is entitled to a preliminary hearing. Rule 6 would undergo purely technical changes making the rule conform to the writing conventions used in the restyling of the Criminal Rules. Rule 32.1 is being amended to permit the government to produce certified copies of the judgment, warrant, or warrant application by “reliable electronic means.” Under the Rule 40 amendment, a person who has violated conditions of release established in another district must be taken without unnecessary delay to a magistrate judge in the district where the person was arrested. The amendments to Rule 41 would provide specific guidance on issuing “tracking-device” warrants, would provide for delaying any notice provisions in the rule, and would permit magistrate judges to use reliable electronic transmissions to issue warrants. Finally, the Rule 58 amendment would direct the reader to Rule 5.1 for clarification of confusion between Rule 58 and Rule 5.1.

Recommended Citation

David A. Schlueter, Federal Rules Update: How Rules Are Made: A Brief Review, 21 Crim. Just. 55 (2006).

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