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Rule 60. Victim’s Rights
These rules may be known and cited as the Federal
Rules of Criminal Procedure.
(a) In General.
(1) Notice of a Proceeding.
The government must use its best efforts to give the victim reasonable, accurate, and timely notice of any public court proceeding involving the crime.
(2) Attending the Proceeding.
The court must not exclude a victim from a public court proceeding involving the crime, unless the court determines by clear and convincing evidence that the victim’s testimony would be materially altered if the victim heard other testimony at that proceeding. In determining whether to exclude a victim, the court must make every effort to permit the fullest attendance possible by the victim and must consider reasonable alternatives to exclusion. The reasons for any exclusion must be clearly stated on the record.
(3) Right to Be Heard on Release, a Plea, or Sentencing.
The court must permit a victim to be reasonably heard at any public proceeding in the district court concerning
release, plea, or sentencing involving the crime.
(b) Enforcement and Limitations.
(1) Time for Deciding a Motion.
The court must promptly decide any motion asserting a victim’s rights described in these rules.
(2) Who May Assert the Rights.
A victim’s rights described in these rules may be asserted by the victim, the victim’s lawful representative, the attorney for the government, or any other person as authorized by 18 U.S.C. § 3771(d) and (e).
(3) Multiple Victims.
If the court finds that the number of victims makes it impracticable to accord all of them their rights described in these rules, the court must fashion a reasonable procedure that gives effect to these
rights without unduly complicating or prolonging the proceedings.
(4) Where Rights May Be Asserted.
A victim’s rights described in these rules must be asserted in the district where a defendant is being prosecuted for the crime.
(5) Limitations on Relief.
A victim may move to reopen a plea or sentence only if:
(A) the victim asked to be heard before or during the proceeding at issue, and the request was denied;
(B) the victim petitions the court of appeals for a writ of mandamus within 10 days after the denial, and the writ is granted; and
(C) in the case of a plea, the accused has not pleaded to the highest offense charged.
(6) No New Trial.
A failure to afford a victim any right described in these rules is not grounds for a new trial.
(As amended Apr. 29, 2002, eff. Dec. 1,
2002; Apr. 2008, eff. Dec. 1, 2008.)
Federal Rules of Criminal Procedure
1. Scope; Definitions
II. PRELIMINARY PROCEEDINGS
3. The Complaint
4. Arrest Warrant or Summons on a Complaint
5. Initial Appearance
5.1. Preliminary Hearing
III. THE GRAND JURY, THE INDICTMENT, AND THE INFORMATION
6. The Grand Jury
7. The Indictment and the Information
8. Joinder of Offenses or Defendants
9. Arrest Warrant or Summons on an Indictment or Information
IV. ARRAIGNMENT AND PREPARATION FOR TRIAL
12. Defenses and Objections -- When and How Presented -- By Pleading or Motion -- Motion for Judgment on the Pleadings
12.1. Notice of an Alibi Defense
12.2. Notice of an Insanity Defense; Mental Examination
12.3. Notice of a Public-Authority Defense
12.4. Disclosure Statement
13. Joint Trial of Separate Cases
14. Relief from Prejudicial Joinder
16. Discovery and Inspection
17.1. Pretrial Conference
18. Place of Prosecution and Trial
20. Transfer for Plea and Sentence
21. Transfer for Trial
23. Jury or Nonjury Trial
24. Trial Jurors
25. Judge's Disability
26. Taking Testimony
26.1. Foreign Law Determination
26.2. Producing a Witness's Statement
27. Proving an Official Record
29. Motion for a Judgment of Acquittal
29.1. Closing Argument
30. Jury Instructions
31. Jury Verdict
VII. POST-CONVICTION PROCEDURES
32. Sentencing and Judgment
32.1. Revoking or Modifying Probation or Supervised Release
32.2. Criminal Forfeiture
33. New Trial
34. Arresting Judgment
35. Correcting or Reducing a Sentence
36. Clerical Error
38. Staying a Sentence or a Disability
VIII. SUPPLEMENTARY AND SPECIAL PROCEEDINGS
40. Arrest for Failing to Appear in Another District
41. Search and Seizure
42. Criminal Contempt
IX. GENERAL PROVISIONS
43. Defendant's Presence
44. Right to and Appointment of Counsel
45. Computing and Extending Time
46. Release from Custody; Supervising Detention
47. Motions and Supporting Affidavits
49. Serving and Filing Papers
49.1. Privacy Protection For Filings Made with the Court
50. Prompt Disposition
51. Preserving Claimed Error
52. Harmless and Plain Error
53. Courtroom Photographing and Broadcasting Prohibited
56. When Court Is Open
57. District Court Rules
58. Petty Offenses and Other Misdemeanors
59. Matters Before a Magistrate Judge
60. Victim's Rights
Federal Rules of Criminal Procedure
Federal Rules of Appellate Procedure
Federal Rules of Civil Procedure
Federal Rules of Evidence
Federal Sentencing Guidelines Manual