Difference between revisions of "Federal Rules of Criminal Procedure - Rule 25. Judge's Disability"
(Created page with "(a) During Trial. Any judge regularly sitting in or assigned to the court may complete a jury trial if: (1) the judge before whom the trial began cannot proceed b...") |
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(1) In General. | (1) In General. | ||
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After a verdict or finding of guilty, any judge regularly sitting in or assigned to a court may complete the court's duties if the judge who presided at trial cannot perform those duties because of absence, death, sickness, or other disability. | After a verdict or finding of guilty, any judge regularly sitting in or assigned to a court may complete the court's duties if the judge who presided at trial cannot perform those duties because of absence, death, sickness, or other disability. | ||
| − | (2) Granting a New Trial. | + | (2) Granting a New Trial. |
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The successor judge may grant a new trial if satisfies that: | The successor judge may grant a new trial if satisfies that: | ||
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See [[Federal Rules of Criminal Procedure]] | See [[Federal Rules of Criminal Procedure]] | ||
Latest revision as of 15:49, 11 March 2011
(a) During Trial.
Any judge regularly sitting in or assigned to the court may complete a jury trial if:
(1) the judge before whom the trial began cannot proceed because of death, sickness, or other disability; and
(2) the judge completing the trial certifies familiarity with the trial record.
(b) After a Verdict or Finding of Guilty.
(1) In General.
After a verdict or finding of guilty, any judge regularly sitting in or assigned to a court may complete the court's duties if the judge who presided at trial cannot perform those duties because of absence, death, sickness, or other disability.
(2) Granting a New Trial.
The successor judge may grant a new trial if satisfies that:
(A) a judge other than the one who presided at the trial cannot perform the post-trial duties; or
(B) a new trial is necessary for some other reason.
