Federal Rules Of Criminal Procedure 11-21

Front 1

If the court rejects a plea agreement containing provisions of A or C pleas, the court MUST do the following on the record and in open court?

3

Back 1

A) Inform the parties that the court rejects the plea agreement;
B) Advise the D personally that the court is not required to follow the plea agreement and give the D an opportunity to withdraw the plea; AND
C) Advise the the D personally that if the plea is NOT withdrawn, the court may dispose of the case less favorably toward the D than the plea agreement contemplated.

Front 2

When MAY a D withdraw a plea of guilty or nolo contendere?

2 and 2

Back 2

1) Before the court accepts the pleas, for ANY reason or NO reason; OR
2) After the court accepts the plea, but before it imposes sentence if:
A) The court rejects a C plea - Rule 11(c)(5); OR
B) The D can show a fair AND just reason for requesting the withdrawal of the plea.

Front 3

If the court imposes a sentence, the D may NOT?

Back 3

Withdraw a plea of guilty or nolo contendere, AND the plea MAY be set aside only on direct appeal or collateral attack (reduction in sentence).

Front 4

The proceeding during which the D enters a plea MUST be?

Back 4

Recorded by a court reporter or by a suitable recording device.

Front 5

In regards to recording the proceeding in which a D enters a plea if there is a guilty plea or a nolo contendere plea, the record MUST?

Back 5

Include the inquiries AND advice to the D required under Rule 11(b) and (c).

Front 6

What is the title of Rule 12?

Back 6

The title of Rule 12 is Pleadings and Pretrial Motions

Front 7

What Rule number and title applies to a pretrial motion?

Back 7

Rule number 47 and the title isXXXXXXXXXXXXXXX

Front 8

When MAY a party raise by pretrial motion?

Rule 12

Back 8

Any defense, objection, or request that the court can determine without a trial of the general issue.

Front 9

When MUST a motion be raised before trial?

Rule 12

5

Back 9

A) A M alleging a defect in instituting the prosecution;
B) A M alleging a defect in the indictment or information but at ANY time while the case is pending, the court may hear a claim that the indictment or information fails to invoke the court's jurisdiction OR to state an offense;
C) A M to supress evidence;
D) A Rule 14 M to sever charges or defendants; AND
E) A Rule 16 M for discovery.

Front 10

When can the court set a deadline for the parties to make pretrial motions AND when may the court schedule a motion hearing?

Back 10

The court MAY set the deadline AND schedule a motion hearing at the arraignment OR as soon afterwared as practicable.

Front 11

The court MUST decide EVERY pretrial motion before and is there any exceptions to this Rule?

Back 11

Before trial AND yes there is an exception.

The exception is. . . UNLESS it (the court) finds good cause to defer a ruling.

Front 12

The court MUST NOT defer ruling on a pretrial motion if. . .?

Back 12

If the deferral will adversely affect a party's right to appeal.

Front 13

When MUST the the court state its essential findings on the record, in regards to pretrial motions?

Back 13

When factual issues are in involved in deciding that motion.

Front 14

All proceeding at a motion hearing, including ANY findings of fact and conclusions of law made orally by the court MUST be. . .?

Back 14

MUST be recorded by a court reporter OR a suitable recording device.

Front 15

What is the title of Rule 11?

Back 15

The title of Rule 11 is Pleas.

Front 16

How MAY a D plead?

Back 16

A Defendant MAY plead not guilty, guilty, or with the court’s consent nolo contendere.

Front 17

The court MUST enter a plea of not guilty (Rule 11/Pleas), when a D. . .?

Back 17

When a D refuses to enter a plea OR if a D organization fails to appear.

Front 18

The Plea Agreement Procedure falls under what Rule?

Back 18

Rule 11.

Front 19

When an attorney for the government and the D’s attorney, or the D when proceeding pro se may discuss and reach a plea agreement, the court MUST not. . .?

Back 19

The court MUST NOT participate in these discussions.

Front 20

When taking a B plea is the court bound to the recommendation or request once the court accepts the plea?

Back 20

No, it does not bind the court to the recommendation or request set forth in the Rule 11 Plea Agreement.

Front 21

When taking a C plea is the court bound to the recommendation or request once the court accepts the plea?

Back 21

Yes, it does not bind the court to the recommendation or request set forth in the Rule 11 Plea Agreement.

Front 22

When MUST the parties disclose the plea agreement to the court?

Back 22

In open court when the plea is offered.

Front 23

Do pleas ALWAYS have to be taken in open court?

Back 23

No, UNLESS the court for good cause allows the parties to disclose the plea agreement in camera

Front 24

According to C pleas, what can the court do with it, UNTIL the court has reviewed the presentence report?

Back 24

The court MAY accept the agreement, reject it, or defer a decision until the presentence report has been reviewed.

Front 25

According to B pleas, the court MUST advise the D that the D has no right to?

Back 25

The court MUST advise the D that the D has NO right to withdraw the plea if the court DOES NOT follow the recommendation or request.

Front 26

What MUST the court do if it accepts the D’s plea agreement?

Back 26

The court MUST inform the D that to the extent the plea agreement is of the type specified in A or C, the agreed disposition will be included in the judgment.

Front 27

What is the title of Rule 12.4?

Back 27

The title of Rule 12.4 is Disclosure Statement.

Front 28

What Rule number is Disclosure Statement?

Back 28

Rule 12.4

Front 29

Who MUST file a disclosure statement?

2

Back 29

1) A Nongovernmental Corporate Party

@) An Organizational Victim

Front 30

What MUST a nongovernmental corporate party file, if involved in a proceeding in a district court, in regards to Rule 12.4 - Disclosure Statement?

Back 30

ANY nongovernmental corporate oarty MUST file a statement that identifies ANY parent corporation AND

ANY publicly held corporation that owns 10% OR more of its stock OR

States that there is no such corporation.

Front 31

In regards to Rule 12.4, if an organization is a victim of the alleged criminal activity, the governmane MUST file. . .?

Back 31

The government MUST file a statement identifying the victim.

Front 32

If the organizational victim is a corporation, in regards to Rule 12.4, the statement MUST?

Back 32

The statement MUST ALSO disclose the information required by Rule 12.4(a)(1) to the extent it can be obtained through due diligence.

Front 33

A party MUST file the Rule 12.4(a), Disclosure Statement, upon the Defendant's? AND

A party MUST file a supplemental disclosure statement when?

Back 33

Initial Appearance; AND

A party MUST promptly file a supplemental statement upon ANY change in the information that the statement requires.

Front 34

What is the title of Rule 13?

Back 34

The title of Rule 13 is Joint Trial Of Separate Cases.

Front 35

The Rule number for Joint Trial Of Separate Cases is?

Back 35

Rule 13

Front 36

In regards to Rule 13 (Joint Trial Of Separate Cases), the court MAY order that separate cases be?

Back 36

Separate cases be tried together as though brought in a single indictment or information IF all Ds could have been joined in a single indictment or information.

Front 37

Rule 17 is?

Back 37

Subpoena

Front 38

What MUST a subpoena state?

Back 38

The court's name and the title of the proceeding,
Include the seal of the court, AND
Command the witness to attend and testify at the TIME and PLACE the subpoena specifies.

Front 39

How MUST the clerk issue a blank subpoena?

Back 39

Signed AND sealed to the party requesting it, AND
that party MUST fill in the blanks before the subpoena is served.

Front 40

Who MUST fill in the blanks before a subpoena is served?

Back 40

The party requesting the subpoena.

Front 41

What happens if a Defendant is unable to pay upon their ex parte application for a subpoena from the clerk's office?

Back 41

The court MUST order that a subpoena be issued for a NAMED witness if the D shows an inability to pay the witness's fees AND the necessity of the witness's presence for an adequate defense.

Front 42

If a Defendant has shown their inability to pay the fees for a witness's pressence that is necessary for an adequate defense AND the court orders a subpoena to be issued. . . Who pays and what do they pay?

Back 42

The process costs AND witness fees will be paid in the same manner as those paid for witnesses the government subpoenas.

Front 43

On a motion that was made promptly, the court MAY quash OR modify the subpoena IF. . .

Back 43

Complaince would be unreasonable OR oppressive.

Front 44

Who MAY serve a subpoena?

Back 44

A marshal, a deputy marshal, OR ANY nonparty who is at least 18 years old MAY serve a subpoena.

Front 45

What MUST a server of a subpoena deliver to the witness that they are serving the subpoena on?

Back 45

The server MUST deliver a copy of the subpoena to the witness AND MUST tender to the witness one day's witness-attendance fee AND the legal mileage allowance.

Front 46

The server of a subpoena need NOT tender, what to the witness when the United States, a federal officer, or federal agency has requested the subpoena?

Back 46

The server need not tender the attendance fee OR mileage allowance.

Front 47

In regards to place of service in the United States of a subpoena, a subpoena requiring a witness to attend a hearing or trial MAY be served at?

Back 47

At ANY place WITHIN the United States.

Front 48

When issuing a deposition subpoena. . . A court order to take a deposition authorizes WHO in the district where the deposition is to be taken to issue a subpoena for ANY witness named or described in the order?

Back 48

The clerk is authorized to issue the deposition subpoena.

Front 49

After conidering the convienence of the witness AND the parties, the court MAY order AND the subpoena MAY require the witness to appear. . . ?

Back 49

ANYWHERE the court designates.

Front 50

What Rule number is Pretrial Conference?

Back 50

Rule 17.1

Front 51

What is the title of Rule 17.1?

Back 51

Pretrial Conference

Front 52

The court may hold one or more pretrial conferences to promote a fair AND expeditious trial when?

What Rule is it?

Back 52

On its own, OR on a party's motion.

Rule 17.1

Front 53

When a conference ends (pretrial conference), the court MUST?

Back 53

Prepare AND file a memorandum of ANY matters AGREED to during the conference.

Judge Cox does a nice memo.

Front 54

Can the government use a statement made during the pretrial conference by the defendant or the defendant's attorney?

Back 54

No, UNLESS it is in writing AND is signed by the D AND the D's attorney.

Front 55

What is the title of Rule 18?

Back 55

Place of Prosecution And Trial

Front 56

What Rule is Place of Prosecution And Trial?

Back 56

Rule 18

Front 57

UNLESS a statute OR these rules permit otherwise, the government MUST prosecute a D where?

Back 57

In the district where the offense was committed.

Front 58

When MUST the court set the place of trial within the district with due regard for the convenience of what individual or individuals and for. . . ?

Back 58

For the convenience of the D, ANY victim, AND the witnesses, AND the prompt administration of justice.

Front 59

What is Rule 20?

Back 59

Transfer For Plea And Sentence

Front 60

Transfer For Plea And Sentence is what Rule number?

Back 60

Rule 20

Front 61

What is Rule 21?

Back 61

Transfer For Trial

Front 62

Transfer For Trial is what Rule?

Back 62

Rule 21

Front 63

Upon the D's motion, in regards to prejudice at trial, the court MUST do what AND only if. . . ?

Back 63

The court MUST transfer the proceeding against that D to another district IF the court is satisfied tjat sp great a prejudice against the D exists in the transferring district that the D CANNOT obtain a fair and impartial trial there.

Front 64

Upon the D's motion, in regards to convenience of the parties, any victim, and the witness, and in the interest of justice, the court MAY do what?

Back 64

The court MAY transfer the proceeding, or more counts, against that D to another district.

Front 65

When the court ordes a transfer for trial, the clerk MUST send to the transferee district, what?

After the clerk sends the _________ to the transferee district, what then happens?

Back 65

The file, OR a certified copy AND ANY bail taken.


The prosecution will then continue.

Front 66

A motion to transfer a D for trial MAY be made when?

Back 66

At OR before arraignment OR at ANY other time the court or these rules prescribe.

Front 67

A prosecution may be transferred from the district where the indictment or information is pending, or from which a warrant on a complaint has been issued, to the district where the D is arrested, held, or present if:

Example: A Removal Petition

2

Back 67

The D states in writing a wish to plead guilty or nolo contendere and to waive trial in the district where the indictment, information, OR complaint is pending, consnets to the the court's disposing of the case in the transferee district, AND files the statment in the transferee district; AND

The US attorneys in BOTH districts approve the transfer in wiriting.

Front 68

What are the Clerk's duties, in regards to Rule 20 (Transfer For Plea And Sentence), AFTER receiving the D's statment AND the required approvals?

Back 68

The Clerk where the indictment, information, OR complaint is pending MUST send the file, OR a certified copy, to the clerk in the transferee district.

Front 69

What happens if a D pleads not guilty AFTER the case has been transferred under Rule 20(a) - (Consent to Transfer), the clerk MUST AND the court MUST?

Back 69

The clerk MUST return the papers to the court where the prosecution BEGAN, AND

The court MUST restore the proceeding to its docket.

Front 70

Can the D's statement that the D wished to plead guilty OR nolo contendere be admissable against the D, in regards to Rule 20 - (Transfer For Plea And Sentence)?

What types of cases does this apply to?

2

Back 70

No.

ANY civil OR criminal proceedings.

Front 71

What is the title of Rule 16?

Back 71

Discovery And Inspection

Front 72

Discovery And Inspection is what Rule number?

Back 72

Rule 16

Front 73

Who files the Discovery Notice in a criminal case?

Back 73

The United States Attorney's Office, the government.

Front 74

When transferring a D, in regards to Rule 20 (Transfer For Plea And Sentence), who MUST consents to the transfer AND how if applicable?

Back 74

The D MUST consent in writing.

Both US attorney's MUST consent in BOTH district in writing.

Front 75

How many days does the government's counsel have to file the Discovery Notice?

After what proceeding does the amount of day, for the above, begin?

Back 75

The government's attorneys have to file the Discvoery Notice WITHIN 10 days; OF

The Arraignment.

Front 76

The Administrative Order regarding the Standing Order helps to eliminate what in-court proceeding AND for whom does this eliminate a proceeding for?

Back 76

It eliminates the criminal pretrial conferences that are routinly held by MJs.

Front 77

The Administrative Order regarding the Standing Order for Discovery and Inspection and Fixing Motion Cut-Off Date in Criminal Case, who does this not affect?

Back 77

The district judges that prefer to hold their own pretrial conferences.

Front 78

The standing order is entered on?

Back 78

ALL criminal cases in THIS district.

Front 79

The purpose of the standing order is not only to eliminate pretrial conferences for MJs but it also was implemented to. . .?

Back 79

To eliminate unecessary motions for discovery AND to expedite the trial AND eliminate delays in the presentation of evidence AND the examination of wittnesses.

Front 80

NOTHING in the standing order is to be construed to. . .?

Back 80

To impose ANY obligation on ANY party not otherwised provided by law.

Front 81

In regards to the standing order, if a Defendant seeks to challenge the declination, he or she will have to file?

Back 81

A motion for relief.

Front 82

In regards to exhibits, the foundation for its receipt into evidence will be deemed admitted UNLESS?

Back 82

Defense counsel file with the court 3 days prior to trial a notice that the foundation for admission into evidence of the exhibit will be contested.

Front 83

The chain of custody will be deemed uncontested UNLESS?

Back 83

Defense counsel file with the Court at least 5 days prior to the date of trial, a notice that the chain of custody of the exhibit will be contested.

Front 84

The results of the scientific analysis of the exhibit AND the opinion of the scientist will be deemed admitted UNLESS?

Back 84

The defendant's counsel files with the Court 7 days prior to the trial a notice that the scientific analysis of the exhibit will be contested.

Front 85

To enable the judge to better estimate the length of trial, each party shall file directy with the judge the witness list how many days before trial?

Back 85

One day.

Front 86

Does a party file a witness list on the opposite party?

Back 86

No.

Front 87

The witness list provided to the judge MUST include?

Back 87

The witness's name or decription which it reasonably anticipates will be called to testify at trial noting the approximate amount of time the party anticipated will be required for examination of each witness.

Front 88

When will the parties submit requested jury instruction in duplicate?

Back 88

At the beginning of trial.

Front 89

ANY pretiral motion shall be filed within how many days of the date of arraignment of the D involved?

Back 89

20 days.

Front 90

What is the authority of a District Judge in regards to a case that is assigned to him, the judge MAY. . . ?

This question pertains to the standing order.

Back 90

Amend, modify, OR set aside, IN WHOLE OR IN PART, ANY of the provisions of this order ON motion of either party OR sua sponte WITH priot notice given to the parties.

Front 91

The standing order was implemented on?

Back 91

October 1, 2003.

Front 92

Motion in criminal cases shall be filed in accordance with the procedure set forth in?

LR

Back 92

LR 7.1

Front 93

Pretrial motions shall be filed within the time specified in the standing order of discovery AND inspection AND fixing motion cut-off date in criminal cases UNLESS?

Back 93

Modified by order of the District Judge.

Front 94

LCrR 12.1 should be read with Fed. R. Crim. P. 47, the title of Rule 47 is?

Back 94

Motions and Supporting Affidavits.

Front 95

Local Criminal Rule 12.1, Motion Practice corresponds with FR Rule 12, the title of FR Rule 12 is?

Back 95

Pleading And Pretrial Motions

Front 96

LCrR 12.2 is titled?

Back 96

Ex Parte Motion Under the Criminal Justice Act.

Front 97

Are ex parte motions permitted according to the CJA?

If ex parte motions are pertmitted how should they be filed?

Back 97

Yes.

They shall be filed with the District Judge OR MJ assigned to the case rather than in the Clerk's Office AND shall be filed under seal.

Front 98

Are ex parte mtionons routinley permitted?

Back 98

No, they are not, the CJA authorizes ex parte motion under limited circumstances.

Front 99

LCrR 18.1 is?

Back 99

Assignment of Criminal Cases to Places of Holding Court

Front 100

How are criminal cases assigned?

Back 100

Criminal cases shall be assigned to the place of holding court which serves the county in which the offense is alleged to have been committed.

Front 101

A case that is improperly assiged to a place of holding court shall be?

Back 101

Transferred to the proper location BY ORDER OF THE COURT.

Front 102

LCrR 17.1 is?

Back 102

Issuance of Subpoenas on Application of Appointed Counsel.

Front 103

Defense counsel appointed under the CJA and federal defenders MAY obtain subpoenas from?

Back 103

The Clerk's Office.

Front 104

How MUST the clerk issue those subpoenas to defense counsel?

Back 104

MUST issue the subpoenas signed, sealed, AND designated in forma pauperis, BUT otherwise blank.

Front 105

The defense counsel certifies that in counsel's opinion the witness's presence is?

Back 105

Is necessary to an adequate defense.

Front 106

A witness subpoenas issued MAY NOT be served if they are more than how many miles away from the place of holding court?

Back 106

Not more than 100 miles.

Front 107

What type of application is needed to be made to the Court if the witness who is being subpoenaed is more than 100 miles away?

Can this application be made ex parte?

Back 107

An application for the issuance of a subpoena in forma puperis needs to be made to the Court.

Yes.

Front 108

Who is authorized to serve witness subpoenas?

Back 108

The United States Marshal.

Front 109

LCrR 17.1 should be read with Federal Rule of Criminal Procedure?

This Federal Criminal Rule is similar to Federal Rule 45 of Civil Procedure which is titled?

Back 109

17

Rule 45 is titled Computing and Extending Time