FRCR97.ZRL Misc.

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SUPREME COURT OF THE UNITED STATES

April 11, 1997

ORDERED:

1.That the Federal Rules of Criminal Procedure for the United
States District Courts be, and they hereby are, amended by including therein
amendments to Criminal Rules 16 and 58.

[See infra., pp. _____ _____ _____.]

2.That the foregoing amendments to the Federal Rules of Criminal
Procedure shall take effect on December 1, 1997, and shall govern all
proceedings in criminal cases thereafter commenced and, insofar as just and
practicable, all proceedings in criminal cases then pending.

3.That THE CHIEF JUSTICE be, and hereby is, authorized to
transmit to the Congress the foregoing amendments to the Federal Rules of
Criminal Procedure in accordance with the provisions of Section 2072 of Title
28, United States Code.

PROPOSED AMENDMENTS TO THE
FEDERAL RULES OF CRIMINAL PROCEDURE

Rule 16. Discovery and Inspection
(a) Governmental Disclosure of Evidence.
(1) Information Subject to Disclosure.
* * * * *
(E) Expert Witnesses. At the defendant's
request, the government shall disclose to the
defendant a written summary of testimony that the
government intends to use under Rules 702, 703,
or 705 of the Federal Rules of Evidence during its
case-in-chief at trial. If the government requests
discovery under subdivision (b)(1)(C)(ii) of this
rule and the defendant complies, the government
shall, at the defendant's request, disclose to the
defendant a written summary of testimony the
government intends to use under Rules 702, 703,
or 705 as evidence at trial on the issue of the
defendant's mental condition. The summary
provided under this subdivision shall describe the
witnesses' opinions, the bases and the reasons for
those opinions, and the witnesses' qualifications.
(2) Information Not Subject to Disclosure. Except
as provided in paragraphs (A), (B), (D), and (E) of
subdivision (a)(1), this rule does not authorize the
discovery or inspection of reports, memoranda, or other
internal government documents made by the attorney
for the government or any other government agent
investigating or prosecuting the case. Nor does the
rule authorize the discovery or inspection of statements
made by government witnesses or prospective
government witnesses except as provided in 18 U.S.C.
3500.
* * * * *
(b) The Defendant's Disclosure of Evidence.
(1) Information Subject to Disclosure.
* * * * *
(C) Expert Witnesses. Under the following
circumstances, the defendant shall, at the
government's request, disclose to the government
a written summary of testimony that the defendant
intends to use under Rules 702, 703, or 705 of the
Federal Rules of Evidence as evidence at trial: (i)
if the defendant requests disclosure under
subdivision (a)(1)(E) of this rule and the
government complies, or (ii) if the defendant has
given notice under Rule 12.2(b) of an intent to
present expert testimony on the defendant's mental
condition. This summary shall describe the
witnesses- opinions, the bases and reasons for
those opinions, and the witnesses' qualifications.
* * * * *

Rule 58. Procedure for Misdemeanors and Other Petty Offenses

(a) scope.
(1) In General. This rule governs the procedure and
practice for the conduct of proceedings involving
misdemeanors and other petty offenses, and for appeals to
district judges in such cases tried by United States
magistrate judges.
* * * * *
(b) pretrial procedures.
* * * * *
(2) Initial Appearance. At the defendant-s initial
appearance on a misdemeanor or other petty offense charge,
the court shall inform the defendant of:
* * * * *
(C) the right to request the appointment of counsel if
the defendant is unable to obtain counsel, unless the
charge is a petty offense for which an appointment of
counsel is not required;
* * * * *
(E) the right to trial, judgment, and sentencing before
a district judge, unless:
(i) the charge is a Class B misdemeanor motor-
vehicle offense, a Class C misdemeanor, or an
infraction; or
(ii) the defendant consents to trial, judgment, and
sentencing before a magistrate judge;
(F) the right to trial by jury before either a United
States magistrate judge or a district judge, unless the
charge is a petty offense; and
(G) the right to a preliminary examination in
accordance with 18 U.S.C. 3060, and the general
circumstances under which the defendant may secure
pretrial release, if the defendant is held in custody and
charged with a misdemeanor other than a petty offense.
(3) Consent and Arraignment.
(A) plea before a united states magistrate
judge. A magistrate judge shall take the defendant-s
plea in a Class B misdemeanor charging a
motor-vehicle offense, a Class C misdemeanor, or an
infraction. In every other misdemeanor case, a
magistrate judge may take the plea only if the
defendant consents either in writing or orally on the
record to be tried before the magistrate judge and
specifically waives trial before a district judge. The
defendant may plead not guilty, guilty, or with the
consent of the magistrate judge, nolo contendere.
(B) failure to consent. In a misdemeanor case
- other than a Class B misdemeanor charging a
motor-vehicle offense, a Class C misdemeanor, or an
infraction - magistrate judge shall order the defendant
to appear before a district judge for further proceedings
on notice, unless the defendant consents to trial before
the magistrate judge.
* * * * *
(g) appeal.
(1) Decision, Order, Judgment or Sentence by a District
Judge. An appeal from a decision, order, judgment or
conviction or sentence by a district judge shall be taken in
accordance with the Federal Rules of Appellate Procedure.
(2) Decision, Order, Judgment or Sentence by a United
States Magistrate Judge.
(A) interlocutory appeal. A decision or order
by a magistrate judge which, if made by a district
judge, could be appealed by the government or
defendant under any provision of law, shall be subject
to an appeal to a district judge provided such appeal is
taken within 10 days of the entry of the decision or
order. An appeal shall be taken by filing with the
clerk of court a statement specifying the decision or
order from which an appeal is taken and by serving a
copy of the statement upon the adverse party,
personally or by mail, and by filing a copy with the
magistrate judge.
(B) appeal from conviction or sentence. An
appeal from a judgment of conviction or sentence by a
magistrate judge to a district judge shall be taken
within 10 days after entry of the judgment. An appeal
shall be taken by filing with the clerk of court a
statement specifying the judgment from which an
appeal is taken, and by serving a copy of the statement
upon the United States Attorney, personally or by mail,
and by filing a copy with the magistrate judge.
* * * * *
(D) scope of appeal. The defendant shall not be
entitled to a trial de novo by a district judge. The
scope of appeal shall be the same as an appeal from a
judgment of a district court to a court of appeals.
* * * * *