Federal Rules of Criminal Procedure - Rule 10. Arraignment

From Criminal Defense Wiki
Revision as of 15:35, 11 March 2011 by Aellis (talk | contribs)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to navigationJump to search

(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.



See Federal Rules of Criminal Procedure