Criminal Rules Emergency

(a) Conditions for an Emergency. The Judicial Conference of the United States may declare a Criminal Rules emergency if it deter- mines 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 func- tions in compliance with these rules; and (2) no feasible alternative measures would sufficiently ad- dress the impairment within a reasonable time. (b) Declaring an Emergency. (1) Content. The declaration must: (A) designate 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 termi- nate a declaration for one or more courts before the termi- nation 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 com- pliance 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 75 FEDERAL RULES OF CRIMINAL PROCEDURE Rule 62 public proceeding, the court must provide reasonable alter- native access, contemporaneous if feasible. (2) Signing or Consenting for a Defendant. If any rule, includ- ing this rule, requires a defendant’s signature, written con- sent, or written waiver—and emergency conditions limit a de- fendant’s ability to sign—defense counsel may sign for the de- fendant if the defendant consents on the record. Otherwise, de- fense counsel must file an affidavit attesting to the defend- ant’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 alter- nate jurors. (4) Correcting or Reducing a Sentence. Despite Rule 45(b)(2), if emergency conditions provide good cause, a court may ex- tend the time to take action under Rule 35 as reasonably nec- essary. (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 im- pair 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 a defendant has a right to be present, a court may use videoconferencing if: (A) the district’s chief judge finds that emergency condi- tions substantially impair a court’s ability to hold in-per- son proceedings in the district within a reasonable time; (B) the court finds that the defendant will have an ade- quate 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 condi- tions substantially impair a court’s ability to hold in-per- son felony pleas and sentencings in the district within a reasonable time; (B) the defendant, before the proceeding and after con- sulting with counsel, consents in a writing signed by the defendant the proceeding be conducted by videoconferencing; and that (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 teleconfer- encing if: Rule 62 FEDERAL RULES OF CRIMINAL PROCEDURE 76 (A) the requirements under any applicable rule, includ- for conducting the proceeding by ing this rule, 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 dur- ing the proceeding if held by teleconference; and (C) the defendant consents. (As added Apr. 24, 2023, eff. Dec. 1, 2023.) Æ