Federal Judiciary United States Courts

Federal Rules of Criminal Procedure

Rule 62. Criminal Rules Emergency

(a) Conditions for an Emergency . The Judicial Conference of the United States may declare a Criminal Rules emergency if it determines that:

  1. extraordinary circumstances relating to public health or safety, or affecting physical or electronic access to a court, substantially impair the court’s ability to perform its functions in compliance with these rules; and

  2. no feasible alternative measures would sufficiently address the impairment within a reasonable time.

(b) Declaring an Emergency .

  1. Content . The declaration must:

    • (A) designated the court or courts affected;

    • (B) state any restrictions on the authority granted in (d) and (e); and

    • (C) be limited to a stated period of no more than 90 days.

  2. Early Termination . The Judicial Conference may terminate a declaration for one or more courts before the termination date.

  3. Additional Declarations . The Judicial Conference may issue additional declarations under this rule.

(c) Continuing a Proceeding After a Termination. Termination of a declaration for a court ends its authority under (d) and (e). But if a particular proceeding is already underway and resuming compliance with these rules for the rest of the proceeding would not be feasible or would work an injustice, it may be completed with the defendant’s consent as if the declaration had not terminated.

(d) Authorized Departures from These Rules After a Declaration .

  1. Public Access to a Proceeding . If emergency conditions substantially impair the public’s in-person attendance at a public proceeding, the court must provide reasonable alternative access, contemporaneous if feasible.

  2. Signing or Consenting for a Defendant . If any rule, including this rule, requires a defendant’s signature, written consent, or written waiver—and emergency conditions limit a defendant’s ability to sign—defense counsel may sign for the defendant if the defendant consents on the record. Otherwise, defense counsel must file an affidavit attesting to the defendant’s consent. If the defendant is pro se, the court may sign for the defendant if the defendant consents on the record.

  3. Alternate Jurors . A court may impanel more than 6 alternate jurors.

  4. Correcting or Reducing a Sentence . Despite Rule 45(b)(2), if emergency conditions provide good cause, a court may extend the time to take action under Rule 35 as reasonably necessary.

(e) Authorized Use of Videoconferencing and Teleconferencing After a Declaration .

  1. Videoconferencing for Proceedings Under Rules 5, 10, 40, and 43(b)(2) . This rule does not modify a court’s authority to use videoconferencing for a proceeding under Rules 5, 10, 40, or 43(b)(2), except that if emergency conditions substantially impair the defendant’s opportunity to consult with counsel, the court must ensure that the defendant will have an adequate opportunity to do so confidentially before and during those proceedings.

  2. Videoconferencing for Certain Proceedings at Which the Defendant Has a Right to Be Present . Except for felony trials and as otherwise provided under (e)(1) and (3), for a proceeding at which the defendant has a right to be present, a court may use videoconferencing if:

    • (A) the district’s chief judge finds that emergency conditions substantially impair a court’s ability to hold in-person proceedings in the district within a reasonable time;

    • (B) the court finds that the defendant will have an adequate opportunity to consult confidentially with counsel before and during the proceeding; and (C) the defendant consents after consulting with counsel.

  3. Videoconferencing for Felony Pleas and Sentencings . For a felony proceeding under Rule 11 or 32, a court may use videoconferencing only if, in addition to the requirement in (2)(B):

    • (A) the district’s chief judge finds that emergency conditions substantially impair a court’s ability to hold in-person felony pleas and sentencings in the district within a reasonable time;

    • (B) the defendant, before the proceeding and after consulting with counsel, consents in a writing signed by the defendant that the proceeding be conducted by videoconferencing; and

    • (C) the court finds that further delay in that particular case would cause serious harm to the interests of justice.

  4. Teleconferencing by One or More Participants . A court may conduct a proceeding, in whole or in part, by teleconferencing if:

    • (A) the requirements under any applicable rule, including this rule, for conducting the proceeding by videoconferencing have been met;

    • (B) the court finds that:

      • (i) videoconferencing is not reasonably available for any person who would participate by teleconference; and

      • (ii) the defendant will have an adequate opportunity to consult confidentially with counsel before and during the proceeding if held by teleconference; and

    • (C) the defendant consents.

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