What does rule 44 mean?

law.cornell.edu - Rule 44. Case Involving a Constitutional Question When the ...

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Notes

(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.) This rule is now found in the rules of a majority of the circuits. It is in response to the Act of August 24, 1937 (28 U.S.C. §2403), which requires all courts of the United States to advise the Attorney General of the existence of an action or proceeding of the kind described in the rule.

Committee Notes on Rules—1998 Amendment

The language of the rule is amended to make the rule more easily understood. In addition to changes made to improve the understanding, the Advisory Committee has changed language to make style and terminology consistent throughout the appellate rules. These changes are intended to be stylistic only.

Committee Notes on Rules—2002 Amendment

Rule 44 requires that a party who “questions the constitutionality of an Act of Congress” in a proceeding in which the United States is not a party must provide written notice of that challenge to the clerk. Rule 44 is designed to implement 28 U.S.C. §2403(a), which states that: “In any action, suit or proceeding in a court of the United States to which the United States or any agency, officer or employee thereof is not a party, wherein the constitutionality of any Act of Congress affecting the public interest is drawn in question, the court shall certify such fact to the Attorney General, and shall permit the United States to intervene . . . for argument on the question of constitutionality.” The subsequent section of the statute—§2403(b)—contains virtually identical language imposing upon the courts the duty to notify the attorney general of a state of a constitutional challenge to any statute of that state. But §2403(b), unlike §2403(a), was not implemented in Rule 44. Rule 44 has been amended to correct this omission. The text of former Rule 44 regarding constitutional challenges to federal statutes now appears as Rule 44(a), while new language regarding constitutional challenges to state statutes now appears as Rule 44(b). Changes Made After Publication and Comments. No changes were made to the text of the proposed amendment or to the Committee Note.

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What is Rule number 5?

In essence, Rule 5 is a criminal procedure rule that provides required timelines for when people who have been arrested or cited must appear in court for an arraignment or felony first appearance.

victimsforjustice.org - What's a Rule 5 Hearing? | Victims For Justice

What’s a Rule 5 Hearing?

As the victim of a violent crime, you may be wondering when the person who harmed you will appear in court for the first time. If the charge is for a misdemeanor crime, the defendant will have an arraignment. An arraignment is usually the first court proceeding in a criminal case. It’s when a judge tells a defendant what he or she is charged with and what their rights are in the court process. The judge asks whether they want to plead guilty, not guilty or no contest. If the defendant is in jail, the arraignment should happen within 24 hours of the arrest. If the prosecutor does not file a charging document by the time of arraignment, the judge releases the defendant from jail. The prosecutor can still file charges later. If the defendant was not in jail, the arraignment may be scheduled within a few weeks. If the person is charged with a felony crime, they appear before the court within 24 hours after arrest. This hearing is called a first appearance, and initial appearance or a Rule 5 hearing. At this time, a judge reads the charges and advises the defendant of his or her rights. There will be an arraignment at a later date. In essence, Rule 5 is a criminal procedure rule that provides required timelines for when people who have been arrested or cited must appear in court for an arraignment or felony first appearance.

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