Flashcards in Time Table in Federal Criminal Cases Deck (110)
Motion for Judgment of Acquittal
1) What may the court do when a motion for judgment of acquittal is made?
2) If a ruling on the motion is reserved, what evidence may be considered when ruling on the motion?
3) After discharge of the jury, when may a motion be made or renewed?
1) After evidence on either side is closed.
- reserve decision on motion,
- proceed with trial
- where the motion is made before the close of all the evidence
* submit the case to the jury and decide the motion either before verdict is returned or after jury returns verdict of guilty or is discharged without verdict.
2) Motion must be decided on basis of evidence at the time ruling was reserved.
3) Motion may be made or renewed within 14 days after discharge of jury
Alibi - Notice by Defense
1) When must the defendant serve notice of alibi?
Defendant to serve within 14 days of written request from government, or at some other time the court sets. Crim. R. 12.1(a).
Exceptions for good cause. Crim. R. 12.1(d). (for good cause, the court may grant an exception to any requirement of Rule 12.1(a)-(c).)
Alibi - Disclosure by Government
1) When must the government disclose witnesses relied upon to establish the defendant's presence?
2) What is the latest the government may disclose?
Within 14 days after defendant serves notice of alibi, unless the court directs otherwise,
- government to disclose witnesses government intends to rely upon to establish defendant's presence at scene of offense and rebuttal witnesses to the alibi defense.
- disclosure must be made no later than 14 days before trial. Crim. R. 12.1(b).
Exceptions for good cause. Crim.R. 12.1(d).
Alibi - Continuing Duty to Disclose
What is the government and the defendant's continuing duty to disclose of additional witnesses?
Either party to disclose promptly if party learns before or during trial of additional witness who should have been disclosed under Crim.R. 12.1(a) or (b). Crim.R. 12.1(c).
Exceptions for good cause. Crim R. 12.1(d).
What must the court do prior to imposing sentence?
Before imposing sentence, court must provide defendant's counsel an opportunity to speak on defendant's behalf, and must address defendant personally in order to permit defendant to speak or present information to mitigate sentence. Crim.R. 32(i)(4)(A).
Appeal - Notification of Right
When must the court notify the defendant of his/her right to appeal?
After imposing sentence in any case of right to appeal the sentence. Crim.R. 32(j)(1)(B).
After imposing sentence in case which has gone to trial on a plea of not guilty. Crim.R. 32(j)(1)(A).
To whom and when must a defendant appeal from a Magistrate Judge's Order or Judgment?
Interlocutory appeal or appeal from conviction or sentence to district judge within 14 days after entry of order, or judgement. Crim.R. 58(g)(2).
Appeal - by Defendant
1) When must a Defendant Appeal?
2) If a timely motion is made, when may an appeal from a judgment of conviction be made?
3) What is the longest time may be extended on a showing of excusable neglect or good cause?
Within 14 days after the later of the entry either of (1) the judgment or order appealed from, or (2) of the filing of a notice of appeal by the Government.
If a timely motion is made...
- for judgment of acquittal under Rule 29,
- for arrest of judgment under Rule 34,
- For a new trial under Rule 33 on any ground other than newly discovered evidence (or for a new trial based on the ground of newly discovered evidence of the motion is made no later than 14 days after entry of judgment)
...appeal from a judgment of conviction must be taken within 14 days after entry of the order disposing of the last such motion outstanding, or within 14 days after the entry of the judgment of conviction, whichever is later.
Time may be extended for not more than 30 additional days on a showing of excusable neglect or good cause. App.R. 4(b)(1), (3) and (4).
Appeal - by Government
Within 30 days after the later of
(1) the entry of judgment or
(2) order appealed from or
(3) the filing of a notice of appeal by any defendant.
Time may be enlarged for not more than 30 additional days on a showing of excusable neglect or good cause. App.R. 4(b)(1) and (4).
Appeal by Inmate Confined in Institution
What is the procedure for appeal by an inmate confined in an institution?
When may the government file its notice of appeal?
When deposited in the institution's internal mail system on or before the last day for filing.
Timely filing may be shown by a notarized statement or by a declaration (in compliance with 28 U.S.C.A. 1746) setting forth the date of deposit and stating that first-class postage had been prepaid.
30-day period for the government to file its notice of appeal runs from
- entry of judgment or
- order appealed from or
- from the district court's docketing of the defendant's notice of appeal
Appeal - Representation Statement
When/how must an attorney file a Representation Statement after filing a notice of appeal?
Within 14 days after filing a notice of appeal,
-unless another time is designated by the court of appeals,
-attorney who filed notice of appeal must file, with the clerk of the court of appeals,
-a statement naming each party represented on appeal by that attorney. App.R. 12(b).
Appeals - Record (appellant)
Within 14 days after:
- filing notice of appeal or
- entry of order disposing of last timely remaining motion (of a type specified in App.R. 4(a)(4)(A),
- whichever is later:
* Appellant to place written order for transcript and file copy or order with clerk;
* if none to be ordered, file a certificate to that effect;
* unless entire transcript to be included, file a statement of issues and serve appellee a copy of order or certificate and of statement. App.R. 10(b).
Appeals - Record (appellee)
Within 14 days after service of appellant's order or certificate and statement, appellee to file and serve on appellant a designation of additional parts of transcript to be included.
Unless within 14 days after designation appellant has ordered such parts and so notified appellee, appellee may within the following 14 days either order the parts or move in district court for order requiring appellant to do so. App.R. 10(b).
Appeals - Record (costs)
At time of ordering, party to make satisfactory arrangements with reporter for payment of cost of transcript. App.R. 10(b)(4).
Appeals - Record (reporter)
If transcript cannot be completed within 30 days of receipt of order, reporter shall request extension of time from circuit clerk. App.R. 11(b).
1) What are the clerks duties in Setting Appeal for Argument?
2) How may postponement of argument or allowance of addition time be requested?
- Clerk must advise the parties
- Request for postponement of argument or for allowance of additional time must be made by motion filed reasonably in advance of the date fixed for hearing. App.R. 34(b).
When must an Appearance before a Magistrate Judge be made?
- Without necessary delay
- after an arrest
- within the U.S. and
- also outside the U.S. unless a statute provides otherwise. Crim.R. 5(a)(1).
When must the defendant move for an Arrest of Judgment?
Defendant must move within 14 days after verdict of finding of guilty, or after plea of guilty nolo contendere. Crim.R. 34
What are the General Requirements for an Initial Appearance of arrested persons?
- To be taken
- without unnecessary delay
- before a magistrate judge,
- after an arrest within the U.S. and
- also after an arrest outside the U.S. unless a statute provides otherwise. Crim.R. 5(a)(1).
What are the exceptions to the initial appearance requirements for arrested persons?
- Arrests upon charges of interstate flight or
- failing to appear in another district, or
- for violations of probation supervised release,
- appearances without unnecessary delay,
- see Crim.R. 5(a)(2), 32.1, 40.
If arrest is in the district where the offense was allegedly committed and a magistrate judge is not reasonably available, intitial appearance may be before a state or local judicial officer. Crim.R. 5(c)(1)(B).
If arrested without a warrant, complaint must be promptly filed Crim.R. 5(b).
When is a Bill of Particulars required?
On motion of D and only when charges in indictment are so general that they do not advise the D of the specific acts of which he is accused.
When may Gov't amend Bill of Particulars?
At any time subject to such conditions as justice requires. Crim.R. 7(f).
When to file Motion for Bill of Particulars?
Before arraignment or within 14 days after arraignment or at such later time as court may permit. Crim.R. 7(f).
When may a Clerical Error be corrected?
Corrected at any time after court gives such notice it considers appropriate. Crim.R. 36.
What are the Clerk's Office Hours?
Open during business hours on all days except
- legal holidays and
- on days on which conditions have made office of the clerk inaccessible. Crim.R. 56; App.R. 45(a).
Commitment to Another District
(1) in a district other than that in which the offense is alleged to have been committed, or
(2) for a violation of probation or supervised release in a district other than the district having jurisdiction, or
(3) on a warrant (issued for failure to appear pursuant to subpoena or terms of release) in a district other than that in which the warrant was issued,
is to be taken without unnecessary delay before the nearest available magistrate judge. Crim.R. 5; Crim.R. 5(b).
When a person arrested without a warrant is brought before a magistrate judge, a complaint must be promptly filed. Crim.R. 5(b).
Computation of Time - In Days
1) Do you include or exclude the day of the event that begins the period of time?
2) What days are included in computing time?
3) What happens if the last day of the period falls on a Saturday, Sunday, or a day in which conditions make the clerk's office inaccessible?
- Exclude day of the event that begins the period of time.
- Count every day including Saturdays, Sundays, legal holidays and the last day of the period.
- If the last day of the period is a Saturday, Sunday, legal holiday, or a day in which conditions make the clerk's office inaccessible, the period runs until the end of the next day which is not Satuday, Sunday, legal holiday, or in which the clerk's office is inaccessible. Crim.R. 45(1); App.R. 26(a).
Computation of Time - In Hours
1) When does the computation of time begin?
2) What days are included?
3) What happens if the last hour of the period falls on a Saturday, Sunday, or a day in which conditions make the clerk's office inaccessible?
- From the occurrence of the event that begins the period of time, count every hour including intermediate Saturdays, Sundays, and legal holidays.
- If the last hour of the period falls on a Saturday, Sunday, legal holiday, or a day in which conditions make the clerk's office inaccessible, the period runs until the next day (which is not a Saturday, Sunday, legal holiday, or in which the clerk's office is inaccessible. Crim.R. 45(a); App.R. 26(a).