Difference between revisions of "Federal Rules of Criminal Procedure - Rule 10. Arraignment"
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See [[Federal Rules of Criminal Procedure]] | See [[Federal Rules of Criminal Procedure]] | ||
Latest revision as of 15:35, 11 March 2011
(a) In General.
An arraignment must be conducted in open court and must consist of:
(1) ensuring that the defendant has a copy of the indictment or information;
(2) reading the indictment or information to the defendant or stating to the defendant the substance of the charge; and then
(3) asking the defendant to plead to the indictment or information.
(b) Waiving Appearance.
A defendant need not be present for the arraignment if:
(1) the defendant has been charged by indictment or misdemeanor information;
(2) the defendant, in a written waiver signed by both the defendant and defense counsel, has waived appearance and has affirmed that the defendant received a copy of the indictment or information and that the plea is not guilty; and
(3) the court accepts the waiver.
(c) Video Teleconferencing.
Video teleconferencing may be used to arraign a defendant if the defendant consents.
