A bill to approve certain of the proposed amendments to the Federal Rules of Criminal Procedure, to amend certain of them, and to make certain additional amendments to those rules.
PL 94-64 (H.R.6799), enacted 07/31/1975

89 STAT. 370 
PUBLIC LAW 94-64—JULY 31, 1975 
Public Law 94-64 
94th Congress 
An Act 
July 61, 1975 
rp^ approve certain of the proposed amendments to the Federal Eules of Criminal 
[H.R. 6799] 
Procedure, to amend certain of them, and to make certain additional amend-
ments to those Rules. 
Federal Rules 
of Criminal 
Procedure 
Admendments 
Act of 1975. 
18 u s e 3771 
note. 
Effective dates. 
18 u s e 3771 
note. 
18 u s e app. 
Warrant or 
summons upon 
complaint. 
Warrant or 
summons upon 
indictment or 
information. 
Be it enacted hy the /Senate and House of Bepresentatives 
of the 
United States of America 
in Congress assembled, That this Act may 
be cited as the "Federal Rules of Criminal Procedure Amendments 
Act of 1975". 
SEC. 2. The amendments proposed by the United States Supreme 
Court to the Federal Rules of Criminal Procedure which are embraced 
in the order of that Court on April 22, 1974, are approved except as 
otherwise provided in this Act and shall take effect on December 1, 
1975. Except with respect to the amendment to Rule 11, insofar as 
it adds Rule 11(e) (6), which shall take effect on August 1, 1975, the 
amendments made by section 3 of this Act shall also take effect on 
December 1,1975. 
SEC. 3. The Federal Rules of Criminal Procedure, as amended by the 
amendments that were proposed by the United States Supreme Court 
to the Federal Rules of Criminal Procedure which are embraced by 
the order of that Court on April 22, 1974, are further amended as 
follows: 
(1) Rule 4 is amended by striking out subdivisions (a), (b), and 
(c), and inserting in lieu thereof the following: 
"(a) 
ISSUANCE.—If it appears from the complaint, or from an 
affidavit or affidavits filed with the complaint, that there is probable 
cause to believe that an offense has been committed and that the 
defendant has committed it, a warrant for the arrest of the defendant 
shall issue to any officer authorized by law to execute it. Upon the 
request of the attorney for the government a summons instead of a 
warrant shall issue. More than one warrant or summons may issue on 
the same complaint. If a defendant fails to appear in response to the 
summons, a warrant shall issue. 
"(b) PROBABLE CAUSE.—The finding of probable cause may be based 
upon hearsay evidence in whole or in part.". 
(2) Rule 4 is further amended by redesignating subdivision (d) 
as (c). 
(3) Rule 4 is further amended by redesignating subdivision (e) 
as (d), and paragraph (3) of such subdivision is amended to read as 
follows: 
"(3) MANNER.—The warrant shall be executed by the arrest of the 
defendant. The officer need not have the warrant in his possession at 
the time of the arrest, but upon request he shall show the warrant to 
the defendant as soon as possible. If the officer does not have the war-
rant in his possession at the time of the arrest, he shall then inform 
the defendant of the offense charged and of the fact that a warrant has 
been issued. The summons shall be served upon a defendant by deliv-
ering a copy to him personally, or by leaving it at his dwelling house or 
usual place of abode with some person of suitable age and discretion 
then residing therein and by mailing a copy of the summons to the 
defendant's last known address.". 
(4) Rule 9(a) is amended to read as follows: 
PUBLIC LAW 94-64^JULY 31, 1975 
89 STAT. 371 
"(a) ISSUANCE.—^Upon the request of the attorney for the govern-
ment the court shall issue a warrant for each defendant named in the 
information, if it is supported by oath, or in the indictment. The clerk 
shall issue a summons instead of a warrant upon the request of the 
attorney for the government or by direction of the court. Upon like 
request or direction he shall issue more than one warrant or summons 
for the same defendant. He shall deliver the warrant or summons to 
the marshal or other person authorized by law to execute or serve it. 
If a defendant fails to appear in response to the summons, a warrant 
shall issue.". 
(5) Rule 11 (c) is amended to read as follows: 
Pleas. 
"(c) ADVICE TO DEFENDANT.—Before accepting a plea of guilty or 
nolo contendere, the court must address the defendant personally in 
open court and inform him of, and determine that he understands, the 
following: 
"(1) the nature of the charge to which the plea is offered, the 
mandatory minimum penalty provided by law, if any, and the 
maximum possible penalty provided by law; and 
"(2) if the defendant is not represented by an attorney, that he 
has the right to be represented by an attorney at every stage of the 
proceeding against him and, if necessary, one will be appointed to 
represent him; and 
" (3) that he has the right to plead not guilty or to persist in that 
plea if it has already been made, and that he has the right to be 
tried by a jury and at that trial has the right to the assistance of 
counsel, the right to confront and cross-examine witnesses against 
him, and the right not to be compelled to incriminate himself; and 
"(4) that if he pleads guilty or nolo contendere there will not 
be a further trial of any kind, so that by pleading guilty or nolo 
contendere he waives the right to a trial; and 
"(5) that if he pleads guilty or nolo contendere, the court may 
ask him questions about the offense to which he has pleaded, and if 
he answers these questions under oath, on the record, and in the 
presence of counsel, his answers may later be used against him in 
a prosecution for perjury or false statement.". 
(6) Rule 11 (e) (1) is amended to read as follows: 
"(1) I N GENERAL.—The attorney for the government and the attor-
ney for the defendant or the defendant when acting pro se may engage 
in discussions with a view toward reaching an agreement that, upon 
the entering of a plea of guilty or nolo contendere to a charged offense 
or to a lesser or related offense, the attorney for the government will do 
any of the following: 
" (A) move for dismissal of other charges; or 
" (B) make a recommendation, or agree not to oppose the defend-
ant's request, for a particular sentence, with the understanding 
that such recommendation or request shall not be binding upon the 
court; or 
"(C) agree that a specific sentence is the appropriate disposition 
of the case. 
The court shall not participate in any such discussions.". 
(7) Rule 11 (e) (2) is amended to read as follows: 
"(2) NOTICE or SUCH AGREEMENT.—If a plea agreement has been 
reached by the parties, the court shall, on the record, require the dis-
closure of the agreement in open court or, on a showing of good cause, in 
camera, at the time the plea is offered. Thereupon the court may accept 
or reject the agreement, or may defer its decision as to the acceptance 
or rejection until there has been an opportunity to consider the pre-
sentence report.". 
89 STAT. 372 
PUBLIC LAW 94-64—JULY 31, 1975 
Pleadings 
and motions 
before trial. 
(8) Rule i l ( e ) ( 3 ) is amended to read as follows: 
"(3) ACCEPTANCE OF A PLEA AGREEMENT.—If the court accepts the 
plea agreement, the court shall inform the defendant that it will 
embody in the judgment and sentence the disposition provided for in 
the plea agreement.". 
(9) Rule 11(e)(4) is amended to read as follows: 
"(4) REJECTION or A PLEA AGREEMENT.—If the court rejects the 
plea agreement, the court shall, on the record, inform the parties of 
this fact, advise the defendant personally in open court or, on a show-
ing of good cause, in camera, that the court is not bound by the plea 
agreement, afford the defendant the opportunity to then withdraw his 
plea, and advise the defendant that if he persists in his guilty plea or 
plea of nolo contendere the disposition of the case may be less favor-
able to the defendant than that contemplated by the plea agreement.". 
(10) Rule 11 (e) (6) is amended to read as follows: 
"(6) 
INADMISSIBILITY OF PLEAS, OFFERS OF PLEAS, AND RELATED 
STATEMENTS.—Except as otherwise provided in this paragraph, evi-
dence of a plea of guilty, later withdrawn, or a plea of nolo contendere, 
or of an offer to plead guilty or nolo contendere to the crime charged 
or any other crime, or of statements made in connection with, and 
relevant to, any of the foregoing pleas or offers, is not admissible in 
any civil or criminal proceeding against the person who made the 
plea or offer. However, evidence of a statement made in connection 
with, and relevant to, a plea of guilty, later withdrawn, a plea of nolo 
contendere, or an offer to plead guilty or nolo contendere to the crime 
charged or any other crime, is admissible in a criminal proceeding for 
perjury or false statement if the statement was made by the defendant 
under oath, on the record, and in the presence of counsel." 
(11) Rule 12(e) is amended to read as follows: 
"(e) RULING ON MOTION.—A motion made before trial shall be deter-
mined before trial unless the court, for good cause, orders that it be 
deferred for determination at the trial of the general issue or until 
after verdict, but no such determination shall be deferred if a party's 
right to appeal is adversely affected. Where factual issues are involved 
in determining a motion, the court shall state its essential findings on 
the record.". 
(12) Rule 12(h) is amended to read as follows: 
"(h) 
EFFECT OF DETERMINATION.—If the court grants a motion 
based on a defect in the institution of the prosecution or in the indict-
ment or information, it may also order that the defendant be continued 
in custody or that his bail be continued for a specified time pending the 
filing of a new indictment or information. Nothing in this rule shall 
be deemed to affect the provisions of any Act of Congress relating to 
periods of limitations.". 
(13) Rule 12.1 is amended to read as follows: 
" R U L E 12.1. NOTICE or ALIBI 
"(a) NOTICE BY DEFENDANT.—Upon written demand of the attorney 
for the government stating the time, date, and place at which the 
alleged offense was committed, the defendant shall serve within ten 
days, or at such different time as the court may direct, upon the attor-
ney for the government a written notice of his intention to offer a 
defense of alibi. Such notice by the defendant shall state the specific 
place or places at which the defendant claims to have been at the time 
of the alleged offense and the names and addresses of the witnesses 
upon whom he intends to rely to establish such alibi. 
PUBLIC LAW 94-64—JULY 31, 1975 
89 STAT. 373 
"(b) DISCLOSURE OF INFORMATION AND WITNESS.—^Within ten days 
thereafter, but in no event less than ten days before trial, unless the 
court otherwise directs, the attorney for the government shall serve 
upon the defendant or his attorney a written notice stating the names 
and addresses of the witnesses upon whom the government intends to 
rely to establish the defendant's presence at the scene of the alleged 
offense and any other witnesses to be relied on to rebut testimony of 
any of the defendant's alibi witnesses. 
"(c) CONTINUING DUTY To DISCLOSE.—If prior to or during trial, a 
party learns of an additional witness whose identity, if known, should 
have been included in the information furnished under subdivision (a) 
or (b), the party shall promptly notify the other party or his attorney 
of the existence and identity of such additional witness. 
"(d) 
FAILURE T O COMPLY.—Upon the failure of either party to 
comply with the requirements of this rule, the court may exclude the 
testimony of any undisclosed witness offered by such party as to the 
defendant's absence from or presence at, the scene of the alleged 
offense. This rule shall not limit the right of the defendant to testify 
in his own behalf. 
"(e) EXCEPTIONS.—For good cause shown, the court may grant an 
exception to any of the requirements of subdivisions (a) through (d) 
of this rule. 
"(f) INADMISSIBILITY OF WITHDRAWN ALIBI.—Evidence of an inten-
tion to rely upon an alibi defense, later withdrawn, or of statements 
made in connection with such intention, is not admissible in any civil 
or criminal proceeding against the person who gave notice of the 
intention.". 
(14) Rule 12.2(c) is amended to read as follows: 
"(c) PSYCHIATRIC EXAMINATION.—In an appropriate case the court 
may, upon motion of the attorney for the government, order the 
defendant to submit to a psychiatric examination by a psychiatrist 
designated for this purpose in the order of the court. No statement 
made by the accused in the course of any examination provided for by 
this rule, whether the examination shall be with or without the consent 
of the accused, shall be admitted in evidence against the accused on the 
issue of guilt in any criminal proceeding.". 
(15) Rule 15(a) is amended to read as follows: 
Depositions. 
" (a) W H E N TAKEN.—Whenever due to exceptional circumstances of 
the case it is in the interest of justice that the testimony of a prospective 
witness of a party be taken and preserved for use at trial, the court may 
upon motion of such party and notice to the parties order that testi-
mony of such witness be taken by deposition and that any desig-
nated book, paper, document, record, recording, or other material not 
privileged, be produced at the same time and place. If a witness is com-
mitted for failure to give bail to appear to testify at a trial or hearing, 
the court on written motion of the witness a,nd upon notice to the par-
ties may direct that his deposition be taken. After the deposition has 
been subscribed the court may discharge the witness.". 
(16) Rule 15 (b) is amended to read as follows: 
"(b) NOTICE OF TAKING.—The party at whose instance a deposition 
is to be taken shall give to every party reasonable written notice of the 
time and place for taking the deposition. The notice shall state the name 
and address of each person to be examined. On motion of a party upon 
whom the notice is served, the court for cause shown may extend or 
shorten the time or change the place for taking the deposition. The 
officer having custody of a defendant shall be notified of the time and 
place set for the examination and shall, unless the defendant waives 
89 STAT. 374 
PUBLIC LAW 94-64—JULY 31, 1975 
in writing the right to be present, produce him at the examination and 
keep him in the presence of the witness during the examination, unless, 
after being warned by the court that disruptive conduct will cause him 
to be removed from the place of the taking of the deposition, he persists 
in conduct which is such as to justify his being excluded from that 
Waiver. 
place. A defendant not in custody shall have the right to be present at 
the examination upon request subject to such terms as may be fixed by 
the court, but his failure, absent good cause shown, to appear after no-
tice and tender of expenses in accordance with subdivision (c) of this 
rule shall constitute a waiver of that right and of any objection to the 
taking and use of the deposition based upon that right.". 
(17) Rule 15(c) is amended to read as follows: 
"(c) PAYMENT OF EXPENSES.—^Whenever a deposition is taken at the 
instance of the government, or whenever a deposition is taken at the 
instance of a defendant who is unable to bear the expenses of the taking 
of the deposition, the court may direct that the expense of travel and 
subsistence of the defendant and his attorney for attendance at the 
examination and the cost of the transcript of the deposition shall be 
paid by the government.". 
(18) Rule 15 (e) is amended by striking out "as defined in subdivision 
(g) of this rule" and inserting in lieu thereof the following: "as 
unavailability is defined in Rule 804(a) of the Federal Rules of 
Evidence". 
(19) Rule 15(g) is deleted and subdivision (h) is redesignated as 
(g). 
Discovery and 
(20) Rule 16(a)(1)(A) is amended to read as follows: 
inspection. 
" (A) STATEMENT OF DEFENDANT.—Upon request of a defendant 
the government shall permit the defendant to inspect and copy or 
photograph: any relevant written or recorded statements made by 
the defendant, or copies thereof, within the possession, custody or 
control of the government, the existence of which is known, or by 
the exercise o f due diligence may become known, to the attorney 
for the government; the substance of any oral statement which the 
government intends to offer in evidence at the trial made by the 
defendant whether before or after arrest in response to interroga-
tion by any person then known to the defendant to be a govern-
ment agent; and recorded testimony of the defendant before a 
grand jury which relates to the offense charged. Where the defend-
ant is a corporation, partnership, association or labor union, the 
court may grant the defendant, upon its motion, discovery of 
relevant recorded testimony of any witness before a grand jury 
who (1) was, at the time of his testimony, so situated as an officer 
or employee as to have been able legally to bind the defendant in 
respect to conduct constituting the offense, or (2) was, at the time 
of the offense, personally involved in the alleged conduct con-
stituting the offense and so situated as an officer or employee as 
to have been able legally to bind the defendant in respect to that 
alleged conduct in which he was involved.". 
(21) Rule 16(a) (1) (B) is amended to read as follows: 
" ( B ) DEFENDANT'S PRIOR RECORD.—^Upon request of the defend-
ant, the government shall furnish to the defendant such copy 
of his prior criminal record, if any, as is within the possession, 
custody, or control of the government, the existence of which is 
known, or by the exercise of due diligence may become known, 
to the attorney for the government.". 
(22) Rule 16(a) (1) (D) is amended to read as follows: 
" ( D ) REPORTS OF EXAMINATIONS AND TESTS.—^Upon request of 
a defendant the government shall permit the defendant to inspect 
PUBLIC LAW 94-64—JULY 31, 1975 
89 STAT. 375 
and copy or photograph any results or reports of physical or 
mental examinations, and of scientific tests or experiments, or 
copies thereof, which are within the possession, custody, or control 
of the government, the existence of which is known, or by the 
exercise of due diligence may become known, to the attorney for 
the government, and which are material to the preparation of the 
defense or are intended for use by the government as evidence in 
chief at the trial.". 
(23) Rule 16(a) (1) (E) is deleted. 
(24) Rule 16(b) (1) (A) is amended to read as follows: 
" ( A ) 
DOCUMENTS AND TANGIBLE OBJECTS.—If the defendant 
requests disclosure under subdivision (a)(1) (C) or (D) of this 
rule, upon compliance with such request by the government, the 
defendant, on request of the government, shall permit the govern-
ment to inspect and copy or photograph books, papers, documents, 
photographs, tangible objects, or copies or portions thereof, which 
are within the possession, custody, or control of the defendant and 
which the defendant intends to introduce as evidence in chief at 
the trial.". 
(25) Rule 16(b)(1)(B) is amended to read as follows: 
" ( B ) 
REPORTS or EXAMINATIONS AND TESTS.—If the defendant 
requests disclosure under subdivision (a) (1) (C) or (D) of this 
rule, upon compliance with such request by the government, the 
defendant, on request of the government, shall permit the govern-
ment to inspect and copy or photograph any results or reports of 
physical or mental examinations and of scientific tests or experi-
ments made in connection with the particular case, or copies 
thereof, within the possession or control of the defendant, which 
the defendant intends to introduce as evidence in chief at the trial 
or which were prepared by a witness whom the defendant intends 
to call at the trial when the results or reports relate to his 
testimony.". 
(26) Rule 16(b) (1) (C) is deleted. 
(27) Rule 16(c) is amended to read as follows: 
"(c) CONTINUING DUTY To DISCLOSE.—If, prior to or during trial, a 
party discovers additional evidence or material previously requested 
or ordered, which is subject to discovery or inspection under this rule, 
he shall promptly notify the other party or his attorney or the court 
of the existence of the additional evidence or material.". 
(28) Rule 16(d)(1) is amended to read as follows: 
"(1) PROTECTIVE AND MODIFYING ORDERS.—Upon a sufficient show-
ing the court may at any time order that the discovery or inspection be 
denied, restricted, or deferred, or make such other order as is appro-
priate. Upon motion by a party, the court may permit the party to make 
such showing, in whole or in part, in the form of a written statement to 
be inspected by the judge alone. If the court enters an order granting 
relief following such an ex parte showing, the entire text of the party's 
statement shall be sealed and preserved in the records of the court to be 
made available to the appellate court in the event of an appeal.". 
(29) Rule 17 (f) (2) is amended to read as follows: 
Subpoena. 
"(2) PLACE.—The witness whose deposition is to be taken may be 
required by subpoena to attend at any place designated by the trial 
court, taking into account the convenience of the witness and the 
parties.". 
(30) Rule 20(d) is amended to read as follows: 
Venue. 
89 STAT. 376 
PUBLIC LAW 94-64—JULY 31,1975 
Sentence 
and 
judgment. 
Presence 
of the 
defendant. 
"(d) JUVENILES.—A juvenile (as defined in 18 LT.S.C. § 5031) who 
is arrested, held, or present in a district other than that in which he is 
alleged to have committed an act in violation of a law of the United 
States not punishable by death or life imprisonment may, after he has 
been advised by counsel and with the approval of the court and the 
United States attorney for each district, consent to be proceeded 
against as a juvenile delinquent in the district in which he is arrested, 
held, or present. The consent shall be given in writing before the 
court but only after the court has apprised the juvenile of his rights, 
including the right to be returned to the district in which he is alleged 
to have committed the act, and of the consequences of such consent.". 
(31) Rule 32(a) (1) is amended to read as follows: 
"(1) IMPOSITION OF SENTENCE.—Sentence shall be imposed without 
unreasonable delay. Before imposing sentence the court shall afford 
counsel an opportunity to speak on behalf of the defendant and shall 
address the defendant personally and ask him if he wishes to make 
a statement in his own behalf and to present any information in miti-
gation of punishment. The attorney for the government shall have an 
equivalent opportunity to speak to the court.". 
(32) Rule 32 (c) (1) is amended to read as f 
ol lows: 
"(1) WHEN MADE.—The probation service of the court shall make a 
presentence investigation and report to the court before the imposition 
of sentence or the granting of probation unless, with the permission of 
the court, the defendant waives a presentence investigation and report, 
or the court finds that there is in the record information sufficient to 
enable the meaningful exercise of sentencing discretion, and the court 
explains this finding on the record. 
"The report shall not be submitted to the court or its contents dis-
closed to anyone unless the defendant has pleaded guilty or nolo 
contendere or has been found guilty, except that a judge may, with 
the written consent of the defendant, inspect a presentence report at 
any time.". 
(33) Rule 32 (c) (3) (A) is amended to read as follows: 
"(A) Before imposing sentence the court shall upon request 
permit the defendant, or his counsel if he is so represented, to read 
the report of the presentence investigation exclusive of any recom-
mendation as to sentence, but not to the extent that in the opinion 
of the court the report contains diagnostic opinion which might 
seriously disrupt a program of rehabilitation, sources of informa-
tion obtained upon a promise of confidentiality, or any other 
information which, if disclosed, might result in harm, physical or 
otherwise, to the defendant or other persons; and the court shall 
afford the defendant or his counsel an opportunity to comment 
thereon and, at the discretion of the court, to introduce testimony 
or other information relating to any alleged factual inaccuracy 
contained in the presentence report.". 
(34) Rule 32 (c) (3) (D) is amended to read as follows: 
"(D) Any copies of the presentence investigation report made 
available to the defendant or his counsel and the attorney for the 
government shall be returned to the probation officer immediately 
follow^ing the imposition of sentence or the granting of probation, 
unless the court, in its discretion otherwise directs.". 
(35) Rule 43 (b) (2) is amended to read as follows: 
PUBLIC LAW 94-64—JULY 31, 1975 
89 STAT. 377 
" (2) after being warned by the court that disruptive conduct 
will cause him to be removed from the courtroom, persists in 
conduct which is such as to justify his being excluded from the 
courtroom,". 
Approved July 31, 1975. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-247 (Comm. on the Judiciary) and No. 94-414 (Coram, of 
Conference). 
SENATE REPORT No. 94-336 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
June 6, 16, 18, 23, considered and passed House. 
July 17, considered and passed Senate, amended. 
July 30, House and Senate agreed to conference report.