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.)

Notes

Links